Several persons can be joined as plaintiffs, in cases :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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116.

Several persons can be joined as plaintiffs, in cases :

A: where right arises out of the same act, in favour of such person

B: where any common question of law is involved

C: both (a) and (b)

D: none of the above.

The answer is: C

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Explanation

The correct answer is C: both (a) and (b).

According to Order I, Rule 1 of the Civil Procedure Code, 1908, all persons may be joined in one suit as plaintiffs where:

- any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and

- if such persons brought separate suits, any common question of law or fact would arise.

This rule is based on the principle of avoiding multiplicity of suits and ensuring complete justice between the parties. It also saves time and costs for the litigants and the courts. However, the court may order separate trials or make such other order as may be expedient if the joinder of plaintiffs may embarrass or delay the trial of the suit.