Introduction
A civil suit involves two or more parties contesting a dispute before a court of law. The parties to the suit are individuals or entities that have a legal interest in the matter. The Civil Procedure Code (CPC), 1908, defines who can be a party, how they are classified, and the principles governing their participation in a suit.
Key provisions related to parties to a suit:
- Order 1 of CPC (Parties to a Suit)
- Order 22 of CPC (Death, Marriage, or Insolvency of Parties)
- Section 2(11) of CPC (Definition of Legal Representative)
Types of Parties in a Suit
A suit generally has two primary parties:
- Plaintiff – The person who files the suit.
- Defendant – The person against whom the suit is filed.
However, in certain cases, multiple plaintiffs or defendants may be involved.
1. Plaintiff (Order 1, Rule 1, CPC)
- A plaintiff is a person who brings a legal claim before the court.
- The plaintiff must have a direct legal interest in the matter.
Who Can Be a Plaintiff?
- Individual (Natural person)
- Company/Corporation
- Legal representatives (on behalf of a deceased person)
- Government (in cases where the State is suing)
Illustration
If A and B enter into a contract and B fails to perform, A can file a suit as a plaintiff.
2. Defendant (Order 1, Rule 3, CPC)
- A defendant is a person against whom a suit is filed.
- The defendant has the right to defend the case and file a written statement (Order 8, CPC).
Who Can Be a Defendant?
- Individuals
- Companies
- Government (in cases of state liability)
- Groups or organizations (if legally recognized)
Illustration
If X files a suit against Y for non-payment of rent, Y is the defendant in the suit.
Multiple Parties in a Suit
1. Joinder of Parties (Order 1, Rules 1 & 3, CPC)
In certain cases, multiple plaintiffs or defendants may be joined in one suit.
Joinder of Plaintiffs (Order 1, Rule 1, CPC)
Multiple plaintiffs may join in a single suit if:
- The right to relief arises from the same act or transaction.
- Common questions of law or fact are involved.
Joinder of Defendants (Order 1, Rule 3, CPC)
Multiple defendants may be joined in a suit if:
- The cause of action arises out of the same transaction.
- The case involves common questions of law or fact.
Illustration
If five people jointly own a property and another person unlawfully occupies it, all five co-owners may file a suit together as plaintiffs.
2. Misjoinder & Nonjoinder of Parties (Order 1, Rules 9 & 10, CPC)
Sometimes, a suit may include wrong or missing parties.
Misjoinder of Parties
- This occurs when wrong or unnecessary parties are included.
- A suit is not dismissed due to misjoinder (Order 1, Rule 9, CPC).
Nonjoinder of Parties
- This occurs when necessary parties are not included in the suit.
- If a necessary party is absent, the suit may be dismissed.
Case Law: Kasturi v. Iyyamperumal (2005)
- The Supreme Court ruled that only necessary or proper parties should be included in a suit.
3. Necessary & Proper Parties
A suit should include all relevant parties to avoid multiplicity of litigation.
Necessary Parties
- Parties without whom no effective decision can be made.
- Their absence may result in dismissal of the suit.
Proper Parties
- Their presence is not essential but may help the court decide the case effectively.
Case Law: Udit Narain v. Board of Revenue (1963)
- The Supreme Court held that a suit should include all necessary parties to ensure complete justice.
4. Substitution of Parties (Order 22, CPC)
If a party dies, becomes insolvent, or transfers interest, the suit does not automatically end.
Substitution in Case of Death (Order 22, Rule 3 & 4, CPC)
- If the plaintiff dies, legal representatives can continue the case.
- If the defendant dies, the court may bring in legal heirs as parties.
Case Law: Jaladi Suguna v. Satya Sai Central Trust (2008)
- The court held that if a necessary party dies and is not substituted, the suit abates.
5. Representative Suits (Order 1, Rule 8, CPC)
A representative suit allows one or more people to represent a larger group.
Conditions for Representative Suits
- Numerous people must have the same interest.
- Court permission is required.
- Public notice must be given to all affected parties.
Illustration
If a housing society wants to challenge an illegal tax, one person can file a suit on behalf of all members.
Case Law: Kodia Goundar v. Velandi Goundar (1955)
- The Madras High Court held that representative suits help avoid multiple litigations on the same issue.
Conclusion
Identifying the correct parties in a suit is crucial for fair and effective adjudication. The CPC provides detailed rules on joinder, misjoinder, nonjoinder, substitution, and representative suits. Courts ensure that necessary and proper parties are included to deliver complete justice.
