Elements Of Suit Flashcards
Transposition of parties
When the interest of two people are joined with each other with respect to subject of suit but one party does not agree to become a coplaintiff with the other and since their interest are joint he may latter create obstruction in execution of degree he may later claim that his interest was not heard in the suit therefore it is essential to make him a party to the suit but sinse he is not willing to become a plaintiff he will be made a pro forma defendant pro-forma defendant is a defendant against whom no relief is claimed In course, of proceedin the court.Will transpose the proforma defendant as a defendant under order 1 rule 10 In transposition, a person who is already on record as a plaintiff or defendant.
Seeks his transposition from one capacity to another the court can do this u o1r10
The court can do transposition either on application of either party or suo moto
Joinder of parties and cause of action
01r1
Who may be joined as plaintiffs.—All persons may be joined in one suit as plaintiffs where—
(a) 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
(b) If such persons brought separate suits, any common question of law or fact would
arise.
O1R3
Who may be joined as defendants.—All persons may be joined in one suit as defendants
where—
(a) 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 against such persons, whether jointly, severally or in the alternative;
and
(b) if separate suits were brought against such persons, any common question of law or fact
would arise.
Proper and necessary party
proper party A proper party is a part without whom suit cannot be comprehensively decided but he does not have legal capacity to obstruct execution of degree
Necessary party Is a party who is not joined in suit then it will result into lack of comprehensive decision in suit and at the same time such party has such legal capacity that he can’t even obstruct the execution of degree.
Subject matter
Subject matter is of 3 types
1. Proprietary Related to property example a discovery of possession of house right to passage upon others land etc
2. Pecuniary Related to money example money Claim
3. Personal Example, right to reputation, speech privacy.Anything related to individual status or personality or anything?Where property or money is not involved
