...the Code and could not have united their independent causes of action in the same suit in terms of Order 2 Rule 3 of the Code. It was submitted that there was not only misjoinder of parties but th...was also misjoinder of causes of action. It was on this basis that the prayer for rejection of the plaint under Order 7 Rule 11(d) of the Code was made. The appellants, the plaintiffs, resisted th...defect of misjoinder of causes of action in the suit. They submitted that the plaint was not liable to be rejected under Order 7 Rule 11(d) of the Code.6. The trial Judg...

...evidence that there was not one single contract but five contracts. Consequently the suit must inevitably fail. The provisions of the Code of Civil Procedure as regards the misjoinder of parties or the ...action cannot possibly apply to this case. There is neither a misjoinder of parties nor a misjoinder of causes of action. But it is a case where a number of plaintiffs file a...come within the provisions of the Code which provide that no suit shall be defeated on a technical ground by reason of the misjoinder of parties or causes of action. Assuming that we were to acced...

...K.S Rardhakrishnan, J.:— Can a landlord unite different causes of actions against different tenants in a single Rent Control Petition in the event of which such a petition will be bad for misjoinder ...causes of actions or misjoinder of parties due to multifariousness, is the question that has come up for consideration in these cases.2. A Division Bench of this Court in...Control Court that a single petition against all the tenants is not maintainable and there would be misjoinder of causes of actions. Rent Control Court held that since the scheduled building in its...

...the said documents is incorporated in the present suit, that will result in misjoinder of causes of action and therefore, the reasoning given by the court below that reliefs could be added by amendment...as contended by the learned counsel, by virtue of amendment the present suit would be bad for misjoinder of causes of action, it does not stand to reason to contend that a fresh suit incorporating...in the present suit cannot be sustained.4. It is to be noted that this is not a case where the plaintiff seeks withdrawal of the suit for the reason that the suit is bad for misjoinder...

...defendants. These claims are resisted on various grounds which for the present purposes it is unnecessary to set out.The defendants contend that this suit as framed is bad for misjoinder of causes of...action.The first issue raised by the learned counsel for the defendants is:—“Whether the suit is not bad for misjoinder of causes of action.”It was...the late Mr. Justice Scott and he held that the suit was bad by reason of misjoinder of causes of action and the plaintiff was put upon her election to proceed upon one or the other of the two cla...

...Section 14 of the Limitation Act. It was argued on behalf of the plaintiff that any misjoinder of causes of actio...Sections 53 and 54. For the purpose of the present case, however, it is unnecessary to deal with the argument of the plaintiff's vakil. 2. The case was not one in which mere misjoinder of ...1. In the case which gave rise to this reference, it appears that the former suit was dismissed, because without leave of the Court, claims in respect of moveable and immoveable property...

...considered this question in connection with Issue No. 5 and he same to the conclusion that there would have been no misjoinder of causes of action and parties if the claim with regard to plot No. 19 in.... If, however, the claim would not have been bad for misjoinder of causes of action and partier, as the learned Subordinate Judge says, we do not see why the plaintiff was allowed leave to withdraw. No...1. No one appears to show cause in this Rule. 2. It appears that the plaintiff applied for leave to withdraw from a part of his claim, namely, with respect to plot No. 19...

...plaintiffs could not be entertained. He evidently meant that there was a misjoinder of plaintiffs and causes of action. The first issue raised in the Court below had reference to this plea, and it is...evident from the judgment of the Subordinate Judge that he understood the plea to be one of misjoinder of plaintiffs and causes of action. The Subordinate Judge, however, overruled that plea and o...merits found in favour of the plaintiffs. The objection as to misjoinder of causes of action has been raised again in the memorandum of appeal to this Court, and we are of opinion that it...

...on behalf of all the plaintiffs could not be entertained. He evidently meant that there was a misjoinder of plaintiffs and causes of action. The first issue raised in the Court below had reference to...this plea and it is evident from the judgment of the Subordinate Judge that he understood the plea to be one of misjoinder of plaintiffs and causes of action. The Subordinate Judge, however..., overruled that plea and on the merits found in favour of the plaintiffs. The objection as to misjoinder of causes of action has been raised again in the memorandum of appeal to this Court, and w...

...filing one suit by joining their separate causes of action. The causes of action did not emanate from any common source, and there was no inter-dependence and nexus between them. On facts, it could not be said that...parties and misjoinder of causes of...their separate causes of action. Misjoinder of parties and misjoinder of causes of action are only obstacles to one trial. Multifariousness is not a ground for rejection ...

...Narain (1), held that the plaintiffs' suit was bad for misjoinder of causes of action, and directed the plaintiffs to confine their suit against defendant 1 only, and ordered that the names of the...other defendants and the causes of actions against them should be struck off, and the plaint should be amended accordingly within ten days. The plaintiffs not having complied with the order the suit was dismissed. The only question ..., severally or in the alternative, and if common questions of law or fact are likely to arise the suit would not be liable to be dismissed on the ground of misjoinder of causes of action....

...for the petitioners submits that although the petitioners/defendants have filed written statement taking plea of misjoinder of several causes of action, but before framing issues and as per intention ...the provision contained in Order 2 Rule 3 & 7 of CPC, the petitioners moved an application with the prayer to deal with the question of misjoinder first and direct the plaintiff to opt for pursuing of any parti...holding that there is no misjoinder of causes of action. With these 1 (DWARKA DHISH BANSAL) JUDGE...

...for more than 12 years in their favour. It is argued for the appellant that the suit is bad for misjoinder of causes of action. The first plaintiff and plaintiffs Nos. 2 to 4 claim different lands and...causes of action, for the parties had not been prejudiced on the merits. Assuming this to be a pronouncement by that tribunal that all misjoinder of causes of action could be cured under Section 5...plaintiffs Nos. 2 to 4. We hold, therefore, that there has been a misjoinder of causes of action and that the defendants have been materially perjudiced by such misjonder. But we do not think that we...

...1. This is an appeal against the Subordinate Judge of Burdwan reversing the decree of the Munsif in favour of the plaintiff and dismissing the suit on account of misjoinder of several ...Subordinate Judge in appeal ought not to have interfered. It seems that the first Corut was of opinion that there was misjoinder of diffirent causes of action in the suit. The Munsif was of opinio...to us that the Munsif was wuite right in saying that there was a misjoinder of causes of action, and it appers to us that the lower appellate Court was quite right in saying that the must be dismissed...

...suit was instituted, had dismissed this claim on account of misjoinder of causes of action. Unfortunately for the plaintiff he withdrew his claim under Order 23, Rule 1...misjoinder of causes of action. That is not a withdrawal under Order 23. 2. Another argument was raised that one of the respondents had died prior to the passing of the decree ...1. The question of law arising in this second appeal is covered by authority. In Varaj Lal v. Someshar [1905] 29 Bom. 219 a Bench of two Judges of the Bombay High Court...

...Section 99 of the Code which specifically provides that no decree shall be reversed in appeal on account of any misjoinder of parties or causes of action or non-joinder of parties unless ...jurisdiction to try it. In the context of these provisions with particular reference to the Rules in Order I and Order II of the Code, it is clear that an objection of misjoinder of plaintiffs or ...obstructs entry or egress; to exclude from consideration. It is therefore necessary to see whether a suit bad for misjoinder of parties or of causes of action is excluded from consideration or is barred...

...the appellant the right to a Sale-deed and to possession, and he is entitled under O. 2, R. 4, to unite both causes of action in the same suit with, the leave of the Court: see Krishnaji v. Sangappa . It ha...causes of action and that he cannot now be given a decree for possession. But R. 7, O. 2 provides that all objections on the ground of misjoinder of...causes of action shall be taken at the earliest possible opportunity unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived. So it is not permissible ...

...for misjoinder of the causes of action on the ground that that there was really no cause of action against (sic) defendant as no chum-petition had been pat in against his attachments and that at any...rate the plaintiffs had not the same cause of action against the first and second defendants. The District Munsif upheld the (sic) of misjoinder and decided on the merits also against the plain riff's holding that the prope...misjoinder of parties or causes of action. The learned Vakil for the appellant contends that this Section is not applicable to this case as the gait was instituted while the Repealed...

...defendants. The learned Munsif who tried the suit held that the suit was bad for misjoinder of parties and causes of action and for multifariousness and dismissed it stating that subject to the question of...Munsif after allowing the amendment proceeded to try the suit and he held that the suit should be dismissed on the ground of misjoinder of causes of action. In the course of his judgment the learn...Das Gupta. He dismissed the appeal holding that the suit as framed was bad for misjoinder of causes of action. Against this decision the present appeal has been filed.3. Learned...