...such rival pleadings of the parties, the learned Trial Court framed as many as 9 (nine) issues. These issues are given below:(i) Whether there is cause of action for the suit?(ii) Whether the suit is maintainable in its present form?(iii) Whether the suit is barred by law of limitation as under Articles 64 and 65?(iv) Whether the suit, is hit by multifariousness causes of...N. Chaudhury, J.:— By filing this second appeal defendant has challenged the concurrent findings of the learned Court below whereby plaintiffs suit was partly decreed to the extent of 1...Bigha 4-1/2 Lechas under PP No. 63 and Dag No. 127 of Batadrawa Mouza in the district of Nagaon. This 1 Bigha 4-1/2 Lechas of land constituted one-fourth of the suit land measuring 4 Bighas 17 Lechas of...

...can permit such an amendment particularly at this stage because it will lead to a multifariousness of causes of action and in my view the two reliefs, one for a decree against a debtor and the other...plaintiff against Bankey Lal defendant No. 1 and Om Prakash defendant No. 2. Against Bankey Lal the cause of action was the debt owing to the dissolved partnership. Against Om Prakash the cause of action...amount due to the plaintiff could be ascertained. In my view, it is not possible to claim in one action a relief against an alleged debtor of the dissolved partnership and also a relief against one of...

...in the case on the 16th of November, 1972. Issue No. 1 which was treated as a preliminary issue runs thus: "Whether the suit of the plaintiff is bad for multifariousness and causes of...action?" 4. The issue is not happily worded and the words "and causes of action" appear to have crept in through a slip of the pen. However, it is not the case of either party that...for multifariousness and, therefore, deserved dismissal. On merits it was stated that each of the respondents had been allotted a plot in the said three khasra numbers on the 19th of September, 1969...

..., there would be mis-joinder of parties and the suit will suffer from multifariousness of causes of action, that impleadment of these persons will convert the instant suit from...stated, the facts of the case are that Mihi Lal filed a suit under Section 176 for separating his ⅛th share from the holding. Defendants Bhudeo and Suraj Lal filed their objection that they should be made...revisionists submits that Bhudeo and Surajpal neither belonged to the pedigree of the plaintiff nor were they recorded in the revenue papers, that if the said persons were allowed to be impleaded as parties...

...P.N Mookerjee, J.:— The principal point that arises for consideration in this appeal is whether the suit in the present instance is bad on the ground of multifariousness, that is, misjoinder of parties and causes of action and...defendants. The suit was contested by a number of defendants amongst the defaulting proprietors and one of the common defences which was raised was that the suit was bad on account of multifariousness, that is, misjoinder of parties and causes of action. There...multifariousness against the plaintiffs.10. There is, however, one matter which requires to be noticed at this stage. The learned Subordinate Judge gave the plaintiffs an opportunity to make an election to proceed against some of the defendants so as to avoid the plea of misjoinder of parties and causes of action. This...

...multifariousness of causes of action. He therefore, submitted that the learned Assistant Judge has committed an error in decreeing the suit by ordering possession in favour of the plaintiff. He submitted...that the defendant has specifically alleged and averred in the written statement that the suit is bad for multifariousness and is bad for different causes of action. He brought to my notice para 2 of...the ground of multifariousness as on the ground that there are two distinct causes of action. He submitted that the claim put forth by the plaintiff being interdependent, this Court considering the fact...

...;and in para. 686 of Caspersz on Estoppel, Edn. 4, it is stated:It is not enough that the former suit has been heard and determined. The cause of action must be heard and determined.2. Again there is to be found in the same paragraph the observations of Phear, J. in 21 WR 1051:It seems to be clear then that the objection to a suit on the ground of multifariousness or misjoinder of causes of..., on the ground that the firm was unregistered. The firm was then registered, and a second suit was brought on the same cause of action. That suit was dismissed on the principle of res judicata...of an action in England is stated at p. 26, Edn. 3, of the Law of Estoppel by Everest and Strode as follows:In order to create an estoppel, the adjudication itself must be a final one...

...instituted a suit on the same cause of action against two sets of defendants. An objection was taken that the suit was defective on account of multifariousness because different causes of action arising...the section in the New Act makes it clear that misjoinder of parties or of causes of action is a defect of a like nature within the meaning of the section. Prima facie it would seem that the plaintiff...Mathura Singh v. Bhawani Singh (1900) 22 All. 248 which is really not directly in point. There the question was whether the defect of misjoinder of causes of action would be a...

...prevention of the splitting up of one cause of action and not to compel the plaintiff to seek all the remedies which he can claim against the same defendants on account of several causes of action in one and the same suit. In one case the multiplicity of suits is to be avoided and in the other multifariousness of...section is directed to securing the exhaustion of the relief in respect of a cause of action, and not to the inclusion in one and the same cause of action of different causes of action, even though...all causes of action for which he may have a. remedy against the defendant even though they may arise from one and the same transaction. C. 2, Rule 4, provides that no cause...

...suit having combined the two properties, is hit by multifariousness of causes of action and was therefore not maintainable. In reply, Sri Bhattacharjee has rightly drawn my attention to S. 99 of the...Civil P. C. wherein it is stated that no decree can be reversed in appeal on account of misjoinder of causes of action unless the same has affected the merits of the case or the jurisdiction of the...1. This appeal which is being treated now aa revision in view of the decision of this Court in LPA/11/76 relates to a suit for eviction filed in 1969. Counted court-wise the matter has...

...causes of action against the defendant in one suit. According to him multifariousness will attract the provisions of Order 7 Rule 11(d) of the CPC, and hence the plaint is...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 of a plaint. Since a suit...cannot be defeated for misjoinder of parties or misjoinder of causes of action, it cannot be said that a suit that is bad for multifariousness is barred by law. In Margo Trading case attention of the...

...would seem to follow from S. 12 of the Court-fees Act, 1870, also, Sri Das urged that the suit having combined the two properties, is hit by multifariousness of causes of action and...misjoinder of causes of action unless the same has affected the merits of the case or the jurisdiction of the Court. In this case, the trial Court being the Assistant District Judge, whose pecuniary...1. This appeal which is bong treated now as revision in view of the decision of this Court in LPA/11/76 relates to a suit for eviction filed in 1969. Counted court-wise the matter has come...

...cause of action has arisen at Delhi as the defendants are not residing within the local jurisdiction of Delhi and all transactions took place at Ghaziabad, so the Delhi court has no territorial jurisdiction to try the suit. They also pleaded that the suit is bad for multifariousness of causes of...:1. Whether courts at Delhi have jurisdiction to try this case?2. Whether the suit is bad for multifariousness of causes of action and parties?3. Whether the suit is...4.15. Issue No. 2: The suit is not bad for multifariousness of causes of action and parties because defendants Nos. 5 and 6 who too became partners of defendant No. 1 have admittedly...

...having perused the averments made in the, petition, we are clearly of the opinion that the petition is bad for multifariousness. Several causes of action wholly unrelated to each other have been sought to...or any section of them whose rights are stated to have been violated.6. Be that as it may, the entire petition attempts to combine so many varying causes of action against such an...A.N Varma, J.:— This petition purports to be a public interest litigation launched by the Universal Proutist Labour Federation—a registered Trade Union of Delhi—professing to espouse the...

.... Whether the suit is bad for misjoinder of defendants?6. Issue No. 12. Whether the suit is bad for multifariousness and causes of action?7. Issue No. 13. Whether the matter in...well. The trial court further held that there was no misjoinder of causes of action and the suit was not bad for multifariousness. The Court also answered issue No. 13 against the applicant...in the suit as no part of any cause of action is alleged against her. Pleas of multifariousness were also raised.4. On the basis of pleadings of the parties, issues were framed. Out of...

..., is the prevention of the splitting up of one cause of action and not to compel the plaintiff to seek all the remedies which he can claim against the same defendant on account of several causes of action in one and the same suit. In one case, the multiplicity of suits is to be avoided and, in the other, multifariousness of...claim for possession and a claim for mesne profits are distinct causes of action. In the Full Bench decision in Ponnammal v. Ramamirda Aiyar (1914) 28 M.L.J. 127...mesne profits have always been treated as separate causes of action in the Code of Civil Procedure, following in this the English Law. At common law claims for ejectment and for mesne profits were...

...thrown out the suit on the ground that it was had on account of multifariousness of causes of action and misjoinder of parties. In other words, they say that the Plaintiff has joined many causes of...business only. I fail to understand how the Courts below have come to the conclusion that the Plaintiff has joined several causes of action together. The other concerns which no longer exist may have to be...action. He did not admit that Defendant No. 3 was a partner but added him as a Defendant because it had been stated in the written statements of the Defendants in a previous litigation that Defendant...

.... (d) Separate causes of action accrued in respect of the property in District Sitapur and Hardoi on 28th March 1928, and separate causes of action accrued in respect of the property in District Shahjahanpur on 29th October 1928. As the parties were also different, both the properties could not be included in one suit, otherwise the suit would have become bad for 'multifariousness.' (e...Subordinate Judge of Shahjahanpur to avoid multifariousness, and that the causes of action to recover the two properties were different. In the course of his order, the learned Judge also said...Shahjahanpur property, and that the two causes of action were thus different. (3) that having opposed the application of the plaintiffs for the inclusion of the Shahjahanpur property in...

...plaintiffs Nos. 4 to 6 in ‘Kha’ schedule land, the suit is not bad for multifariousness of causes of action as plaintiffs Nos. 4 to 6 claim the properties through plaintiffs Nos. 1 to 3 as transferees...1. (After stating the facts, his Lordship proceeded).2. Several witnesses were examined and a large number of documents were brought on record by the parties in support of...their respective cases. On an exhaustive consideration of the same, the learned Munsif recorded the following findings:—(1) Plaintiff No. 1 is the legally married wife of Laxminarayan...

...of the suit on the ground that the suit is barred on the ground of multifariousness and bad for misjoinder of parties and misjoinder of causes of action.3. It appears from the facts...respondents issued separate notices in respect of their individual claims and further there was no legal basis for the respondents to join their independent causes of action against the appellant/petitioner in one suit. According to him, multifariousness will...causes of action. According to him, the point which has been taken by Mr. Banerjee is only to delay the proceedings. He further submitted that multifariousness is not a ground for rejection of a plaint...