Parties to a suit (Order I –Order III)

Forty flat owners in a Panvel society all have the same complaint against the builder. Must each of them file a separate suit, or can a few speak for all? Halfway through the case one of the defendants dies. Does the suit die with him? The Code answers these questions in Orders I to III, and in Order XXII for death, marriage and insolvency. Together they decide who must be in a suit, who may speak for whom, and what happens when the people in it change.

In two minutes

A civil suit must have the right parties: persons with a same-transaction claim may sue or be sued together (Order I), a necessary party cannot be left out, and under Order XXII a suit survives the death, marriage or insolvency of a party if the right to sue survives.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Civil Procedure Code 1908 and Limitation Act 1963 on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.