1

[8. One person may sue or defend on behalf of all in same interest.—(1) Where there are
numerous persons having the same interest in one suit,—
(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may
defend such suit, on behalf of, or for the benefit of, all persons so interested;
(b) the Court may direct that one or more of such persons may sue or be sued, or may defend
such suit, on behalf of, or for the benefit of, all persons so interested.
(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the
plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal
service, or, where, by reason of the number of persons or any other cause, such service is not reasonably
practicable, by public advertisement, as the Court in each case may direct.
(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under
sub-rule (1), may apply to the Court to be made a party to such suit.
(4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall
be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction
shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's
expense, notice to all persons so interested in the manner specified in sub-rule (2).
(5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit
or defence, the Court may substitute in his place any other person having the same interest in the suit.
(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for
whose benefit, the suit is instituted, or defended, as the case may be.
Explanation.—For the purpose of determining whether the persons who sue or are sued, or defend,
have the same interest in one suit, it is not necessary to establish that such persons have the same cause
of action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as
the case may be.]
2
[8A. Power of Court to permit a person or body of persons to present opinion or to take part in the
proceedings.— While trying a suit, the Court may, if satisfied that a person or body of persons is interested in
any question of law which is directly and substantially in issue in the suit and that it is necessary in the public
interest to allow that person or body of persons to present his or its opinion on that question of law, permit that
person or body of persons to present such opinion and to take such part in the proceedings of the suit as the
Court may specify.]
9. Misjoinder and non-joinder.—No suit shall be defeated by reason of the misjoinder or
non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as
regards the rights and interests of the parties actually before it:
3
[Provided that nothing in this rule shall apply to non-joinder of a necessary party.]
10. Suit in name of wrong plaintiff.—(1) Where a suit has been instituted in the name of the wrong
person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff,
the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide
mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any
other person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either
upon or without the application of either party, and on such terms as may appear to the Court to be just,
order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and
that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose

1. Subs. by Act 104 of 1976, s. 52, for rule 8 (w.e.f. 1-2-1977).

2. Ins. by s. 52, ibid. (w.e.f. 1-2-1977).
3. The proviso added by, ibid., s. 52 (w.e.f. 1-2-1977).

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presence before the Court may be necessary in order to enable the Court effectually and completely to
adjudicate upon and settle all the questions involved in the suit, be added.
(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a
plaintiff under any disability without his consent.
(4) Where defendant added, plaint to be amended.—Where a defendant is added, the plaint shall,
unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies
of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the
original defendant
(5) Subject to the provisions of the 1[Indian Limitation Act, 1877 (XV of 1877)], section 22, the
proceedings as against any person added as defendant shall be deemed to have begun only on the service
of the summons.
2
[10A. Power of Court to request any pleader to address it.—The Court may, in its discretion,
request any pleader to address it as to any interest which is likely to be affected by its decision on any
matter in issue in any suit or proceeding, if the party having the interest which is likely to be so affected is
not represented by any pleader.]
11. Conduct of suit.—The Court may give the conduct of 3[a suit] to such persons as it deems proper.
12. Appearance of one of several plaintiffs or defendants for others.—(1) Where there are more
plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead or
act for such other in any proceeding; and in like manner, where there are more defendants than one, any
one or more of them may be authorized by any other of them to appear, plead or act for such other in any
proceeding.
(2) The authority shall be in writing signed by the party giving it and shall be filed in Court.
13. Objections as to non-joinder or misjoinder.—All objections on the ground of non-joinder or
misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are
settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such
objection not so taken shall be deemed to have been waived.
______
ORDER II
Frame of suit
1. Frame of suit.—Every suit shall as far as practicable be framed so as to afford ground for final
decision upon the subjects in dispute and to prevent further litigation concerning them.
2. Suit to include the whole claim.—(1) Every suit shall include the whole of the claim which the
plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of
his claim in order to bring the suit within the jurisdiction of any Court.
(2) Relinquishment of part of claim.—Where a plaintiff omits to sue in respect of, or intentionally
relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or
relinquished.
(3) Omission to sue for one of several reliefs.—A person entitled to more than one relief in respect
of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of
the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
Explanation.—For the purposes of this rule an obligation and a collateral security for its performance
and successive claims arising under the same obligation shall be deemed respectively to constitute but one
cause of action.

1. See now the Limitation Act, 1963 (36 of 1963), s. 21.

2. Ins. by Act 104 of 1976, s. 52 (w.e.f. 1-2-1977).
3. Subs. by s. 52, ibid., for “the suit” (w.e.f. 1-2-1977).

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