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Misjoinder of causes of action is dealt with in Order II Rule 3 of the Code reads as follows :
"R.3. Joinder of causes of action.- (1) Save as otherwise provided, a plaintiff my unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit. (2) Where causes of action are united, the jurisdiction of the court as regards the suit shall depend on the amount or value of the aggregate subject-matters at the date of instituting the suit."
Scope of Order I Rules 2, 3A and Order II Rule 3 of the Code
Scope of Order I Rules 2, 3A and Order II Rule 3 of the Code
The simple principle is that a person is made a party in a suit because there is a cause of action against him and when causes of action are joined the parties are also joined
The simple principle is that a person is made a party in a suit because there is a cause of action against him and when causes of action are joined the parties are also joined
If we read Order I Rule 3 and Order II Rule 3 of the Code together, it will indicate that the question of joinder of parties also involves the question of joinder of causes of action. The simple principle is that a person is made a party in a suit because there is a cause of action against him and when causes of action are joined the parties are also joined. [Ishwarbhai C Patel v. Harihar Bahera (AIR 1999 SC 1341)]. .
Misjoinder of causes of action can be further divided into three, viz;
a) Misjoinder of plaintiffs and causes of action.
b) Misjoinder of defendants and causes of action.
c) Misjoinder of claims founded on several causes of action against several defendants.
The rule is that where in a suit there are two or more plaintiffs and two or more causes of action, the plaintiffs should be jointly interested in all the causes of action. If the plaintiffs are not jointly interested in all the causes of action, the case is one of misjoinder of plaintiffs and causes of action. Order II Rule 3 r/w Order I Rule 1 of the Code forbids such a misjoinder.
Where in a suit there are two or more defendants and two or more causes of action, the suit will be bad for misjoinder of defendants and causes of action, if different causes of action are joined separately against different defendants. This is violation of Order II Rule 3 r/w Order I Rule 3 of the Code. Such a misjoinder is technically called multifariousness.
Causes of action cannot be joined in a suit filed against several defendants if they are not all jointly interested in the causes of action, unless common questions are involved so as to attract Order I Rule 1 of the Code. If this condition is not satisfied, the case is bad for misjoinder of claims founded on several causes of action against several defendants.
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