Order 1 MCQ Quiz - Objective Question with Answer for Order 1 - Download Free PDF

The correct answer is 'At the earliest possible opportunity'

Key Points

• Objection under Order I Rule 13 of the C.P.C.:
  • Order I Rule 13 of the Civil Procedure Code (C.P.C.) deals with objections related to the non-joinder or mis-joinder of parties in a lawsuit.
  • Non-joinder refers to the failure to include a necessary party in the suit, while mis-joinder refers to the inclusion of parties who should not be part of the suit.
  • Such objections must be raised at the earliest possible opportunity during the proceedings.

Additional Information

• In appeal or revision for the first time:
  • This option is incorrect because objections regarding non-joinder or mis-joinder should be raised at the earliest possible opportunity during the trial, not for the first time in appeal or revision.
• At any stage of the proceeding:
  • This option is incorrect as well. While objections can technically be raised at any stage, the procedural rules emphasize that they should be raised at the earliest opportunity to avoid unnecessary delays and complications in the trial.
• All of the above:
  • This option is incorrect because it includes options that are not accurate according to procedural rules. The correct approach is to raise objections at the earliest possible opportunity.

The correct answer is 'Order 1 Rule 8 - Adding or striking out parties.'

Key Points

• Order 1 Rule 8 - Adding or striking out parties:
  • Under the Code of Civil Procedure, 1908, Order 1 Rule 8 deals with the provision for adding or striking out parties in a suit.
  • This rule allows the court to add or remove parties to ensure that all necessary parties are involved for the proper adjudication of the dispute.
  • The rule is significant for ensuring that no party is left out and that the judgment covers all aspects of the case, thereby preventing future litigation on the same matter.

Additional Information

• Order 22 Rule 3 - Making legal representative of deceased plaintiff, as a party to the suit:
  • This rule pertains to the substitution of the legal representative of a deceased plaintiff in a pending suit.
  • While important, it specifically deals with the continuation of suits after the death of the plaintiff and does not cover adding or striking out parties in general.
• Order 22 Rule 5 - Making legal representative of deceased defendant as a party to the suit:
  • Similar to Order 22 Rule 3, this rule addresses the procedure for substituting the legal representative of a deceased defendant.
  • This rule ensures that the suit can proceed despite the death of a defendant, but it does not involve the general addition or removal of parties.
• Order 23 Rule 3 - Withdrawal of the suit with liberty to file a fresh suit:
  • This rule deals with the withdrawal of suits and the conditions under which a plaintiff may be granted permission to withdraw a suit with the liberty to file a fresh suit on the same cause of action.
  • Though relevant to the withdrawal process, it is not related to adding or striking out parties.

The correct answer is Option 4

Key PointsOrder I Rule 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.

The correct answer is Order I Rule 10(2)

Key Points

• Order 1 Rule 10 (2) of the Civil Procedure Code (CPC) allows the court to add or remove parties to a lawsuit at any stage. The court can do this to resolve the dispute without causing inconvenience or delay. 
• This rule states that 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 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.

The correct answer is Option 4.

Key PointsOrder 1 deals with the subject of parties to suit and inter alia (amongst other things) with the joinder, mis-joinder and non-joinder of parties and to some extent with the joinder of causes of action. 

• Order 1 Rule 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: 
    • Provided that nothing in this rule shall apply to non-joinder of a necessary party.
• Order 1 Rule 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. 

The correct answer is Option 4.

Key PointsOrder 1 deals with the subject of parties to suit and inter alia (amongst other things) with the joinder, mis-joinder and non-joinder of parties and to some extent with the joinder of causes of action. 

• Order 1 Rule 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: 
    • Provided that nothing in this rule shall apply to non-joinder of a necessary party.
• Order 1 Rule 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. 

The correct answer is Order 1 Rule 8

Key Points

• Relevant Provision: Order 1 Rule 8 of the Civil Procedure Code, 1908
• What It Provides:
  • Where numerous persons have the same interest in one suit, one or more of them may, with the permission of the court, sue or be sued on behalf of all.
  • Commonly used in representative suits (e.g., class actions, public interest suits in civil matters).
• Conditions:
  • Parties must have a common interest or grievance.
  • Court's permission is required.
  • Notice must be given to all interested persons to bind them by the decree.
• Objective:To avoid multiplicity of suits and promote judicial economy.

Additional Information

• Order 1 Rule 1: Deals with joinder of plaintiffs, not representative suits.
• Order 2 Rule 2: Related to splitting of claims, not representation.
• Order 1 Rule 9: Talks about non-joinder or misjoinder of parties, not suing on behalf of others.

The correct answer is non-joinder

Key Points

• Non-joinder refers to the omission to include a necessary party in a suit.
• A necessary party is one without whom no effective decree can be passed.
• Order I Rule 9 of the Code of Civil Procedure, 1908 states:
  • "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."
  • However, non-joinder of a necessary party is an exception, and the suit can be dismissed.
• Court’s Power: Under Order I Rule 10, the court has the power to add necessary or proper parties at any stage.

Additional Information

• Misjoinder: Means wrong person has been joined as a party — not an omission.
• Both (1) and (2): Not correct as the issue is only about non-inclusion, not misjoinder.
• None of these: Incorrect because non-joinder is the precise legal term

The correct answer is Order 1, Rule 8

Key Points

• Order 1, Rule 8 of the Code of Civil Procedure, 1908 deals with Representative Suits.
• It provides that when numerous persons have the same interest in one suit, one or more of them may, with the permission of the Court, sue or be sued on behalf of all.
• This is commonly used in cases involving:
  • Public rights,
  • Common property disputes,
  • Consumer class actions, etc.
• The rule ensures judicial efficiency and prevents multiplicity of litigation.

Additional Information

• Order 1, Rule 1: Deals with who may be joined as plaintiffs (joinder of parties), not representative suits.
• Order 2, Rule 2: Deals with splitting of claims — that a suit must include the whole claim related to a cause of action.
• Order 1, Rule 9: Provides that no suit shall be defeated by reason of misjoinder or non-joinder of parties, except in the case of a necessary party.

The correct answer is 'At the earliest possible opportunity'

Key Points

• Objection under Order I Rule 13 of the C.P.C.:
  • Order I Rule 13 of the Civil Procedure Code (C.P.C.) deals with objections related to the non-joinder or mis-joinder of parties in a lawsuit.
  • Non-joinder refers to the failure to include a necessary party in the suit, while mis-joinder refers to the inclusion of parties who should not be part of the suit.
  • Such objections must be raised at the earliest possible opportunity during the proceedings.

Additional Information

• In appeal or revision for the first time:
  • This option is incorrect because objections regarding non-joinder or mis-joinder should be raised at the earliest possible opportunity during the trial, not for the first time in appeal or revision.
• At any stage of the proceeding:
  • This option is incorrect as well. While objections can technically be raised at any stage, the procedural rules emphasize that they should be raised at the earliest opportunity to avoid unnecessary delays and complications in the trial.
• All of the above:
  • This option is incorrect because it includes options that are not accurate according to procedural rules. The correct approach is to raise objections at the earliest possible opportunity.

The correct answer is 'Order 1 Rule 8 - Adding or striking out parties.'

Key Points

• Order 1 Rule 8 - Adding or striking out parties:
  • Under the Code of Civil Procedure, 1908, Order 1 Rule 8 deals with the provision for adding or striking out parties in a suit.
  • This rule allows the court to add or remove parties to ensure that all necessary parties are involved for the proper adjudication of the dispute.
  • The rule is significant for ensuring that no party is left out and that the judgment covers all aspects of the case, thereby preventing future litigation on the same matter.

Additional Information

• Order 22 Rule 3 - Making legal representative of deceased plaintiff, as a party to the suit:
  • This rule pertains to the substitution of the legal representative of a deceased plaintiff in a pending suit.
  • While important, it specifically deals with the continuation of suits after the death of the plaintiff and does not cover adding or striking out parties in general.
• Order 22 Rule 5 - Making legal representative of deceased defendant as a party to the suit:
  • Similar to Order 22 Rule 3, this rule addresses the procedure for substituting the legal representative of a deceased defendant.
  • This rule ensures that the suit can proceed despite the death of a defendant, but it does not involve the general addition or removal of parties.
• Order 23 Rule 3 - Withdrawal of the suit with liberty to file a fresh suit:
  • This rule deals with the withdrawal of suits and the conditions under which a plaintiff may be granted permission to withdraw a suit with the liberty to file a fresh suit on the same cause of action.
  • Though relevant to the withdrawal process, it is not related to adding or striking out parties.

The correct answer is Option 4

Key PointsOrder I Rule 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.

The correct answer is Order I Rule 10(2)

Key Points

• Order 1 Rule 10 (2) of the Civil Procedure Code (CPC) allows the court to add or remove parties to a lawsuit at any stage. The court can do this to resolve the dispute without causing inconvenience or delay. 
• This rule states that 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 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.

The correct answer is dismissal of suit

Key Points

• Who is a Necessary Party?
  • A necessary party is one without whom no effective order can be passed by the court.
  • Their presence is essential for complete and final adjudication of the matter.
• Effect of Non-joinder:
  • If a necessary party is not impleaded, the suit becomes bad for non-joinder, and
  • It may lead to the dismissal of the suit as per judicial precedents, since the court cannot pass an effective decree.
• Relevant Case Law:
  • In K.K. Mohandas v. M. Raja, the Supreme Court held that a suit must fail if a necessary party is not joined.
• Distinction from Proper Party:
  • Proper party can be joined for convenience, but necessary party is indispensable.

Additional Information

• Option 2. Stay of suit: Incorrect – Stay is granted for different reasons, not due to non-joinder of necessary parties.
• Option 3. Continuation of suit: Incorrect – The suit cannot proceed effectively without necessary parties.
• Option 4. Imposition of cost: Incorrect – While costs may be imposed for procedural lapses, non-joinder of a necessary party affects the maintainability itself.

The correct answer is Order I Rule 8.

Key Points

• A representative suit as the title suggests is filed by one or more people on behalf of themselves and others who have a similar interest in the case, and representative suits are governed by Order I Rule 8 of the Code of Civil Procedure of 1908.
• The primary objective of including this rule in the Code of Civil Procedure, 1908, is to avoid multiple proceedings and contradictory rulings.
• Rule 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.