Order I of the Code of Civil Procedure, 1908 deals with the parties to a suit, outlining the rules regarding who may be joined as plaintiffs or defendants in a civil case. It lays down the foundational principles for proper joinder of parties to ensure that all necessary and proper persons are brought before the court for effective adjudication of the matter.
This Order aims to prevent multiplicity of suits, avoid contradictory judgments, and ensure complete and final resolution of disputes. Provisions under Order I, including Rules 1 to 13, elaborate on the concept of joinder, misjoinder, non-joinder, and representative suits, thereby playing a crucial role in the efficient administration of civil justice.
1. What does Order I of the CPC primarily deal with?
A. Filing of a plaint
B. Joinder of parties to a suit
C. Framing of issues
D. Execution of decrees
Answer: B. Joinder of parties to a suit
2. Which rule of Order I specifies the conditions for the joinder of plaintiffs?
A. Rule 1
B. Rule 2
C. Rule 3
D. Rule 10
Answer: A. Rule 1
3. Under Order I Rule 10, a court may:
A. Strike out or add parties to a suit
B. Amend the pleadings of parties
C. Direct parties to produce evidence
D. Pass a final decree
Answer: A. Strike out or add parties to a suit
4. When can a person be added as a plaintiff under Order I?
A. When they have a direct interest in the subject matter of the suit
B. When they are related to the original plaintiff
C. When they are appointed by the defendant
D. When the court deems them a neutral party
Answer: A. When they have a direct interest in the subject matter of the suit
5. What happens if there is a misjoinder of parties under Order I?
A. The suit is dismissed automatically
B. The court must strike out the suit
C. The suit is not defeated solely on the ground of misjoinder
D. The defendant automatically wins the case
Answer: C. The suit is not defeated solely on the ground of misjoinder
6. Order I Rule 8 allows:
A. One person to sue or defend on behalf of all others with the same interest
B. A party to delay proceedings indefinitely
C. The withdrawal of the suit by the plaintiff at any stage
D. Filing multiple suits for the same cause of action
Answer: A. One person to sue or defend on behalf of all others with the same interest
7. Which of the following is a prerequisite for a representative suit under Order I Rule 8?
A. Written permission from the government
B. Consent of all parties involved
C. Leave of the court and public notice
D. A written agreement among the parties
Answer: C. Leave of the court and public notice
8. Under Order I Rule 3, multiple defendants may be joined in one suit if:
A. They are family members
B. The suit raises a common question of law or fact against them
C. They reside in the same jurisdiction
D. They request the court for a joint trial
Answer: B. The suit raises a common question of law or fact against them
9. What is the objective of Order I Rule 10(2)?
A. To penalize improper joinder of parties
B. To resolve procedural errors during the suit
C. To ensure that all necessary parties are included for proper adjudication
D. To expedite the trial process
Answer: C. To ensure that all necessary parties are included for proper adjudication
10. In a representative suit under Order I Rule 8, what is the significance of the public notice?
A. It binds all parties with the same interest to the decree passed in the suit
B. It notifies the court of procedural compliance
C. It serves as evidence against the defendants
D. It finalizes the addition of new parties to the suit
Answer: A. It binds all parties with the same interest to the decree passed in the suit