Joinder of plaintiffs.

Order 1 Rule 3

R.3. Who may be joined as defendants.

All persons may be joined in one suit as defendants where

(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and

(b) if separate suits were brought against such persons, any common question of law or fact would arise.]

STATE AMENDMENT

Bihar. In its application to the Schedule Areas in the State of Bihar the following proviso was inserted: Provided that in suits for declaration of title or for possession relating to immovable properties of a member of the Scheduled Tribes as specified in Part III to the Schedule to the Constitution (Scheduled Tribes) Order, 1950, the Deputy Commissioner concerned shall also be joined as a defendant. (Bihar Scheduled Areas Reg 1 of 1969 s 3 and Sch of 8-2-1969).

(Order I Rule 3 of the Code provides in effect that two or more persons may be joined as defendants in one suit if the right to relief alleged to exist against each of them arises from the same act or transaction and there is a common question of law or of fact. If two or more persons are joined as defendants in one suit in a case not covered by Order I Rule 3 of the Code, the result is a misjoinder of defendants. )