Order 1 Flashcards
(12 cards)
O1 R1
Who may be joined as plaintiff
All person may be joined as plaintiff
- who either jointly, severally, or alternatively allege right to relief arising out of same transaction
AND
- if tried separately it would give rise to the same question of law or fact
O1 R2
Power to order separate trial
Where it appears that joint trial may embarrass or delay trial
may put plaintiff to election or order separate trial
or make any such orders to make trial expedient
O1 R3
Who may be joined as defendants
any relief is alleged to exist against such persons arising out of the same transaction
AND
if tried separately would give rise to same question of law
O1 R3A
Separate trial
where joinder of defendants may embarrass or delay
O1 R4
Judgment may be given
for or against
one or more plaintiff for such relief they may be entitled
one or more defendants acc to resp liabilities
O1 R5
Every defendant need not be interested in all of the relief claimed
O1 R6
O1 R7
Where there is doubt
as to which defendant - plaintiff may join he may join more than one defendant
O1 R8
O1 R8A
O1 R9
No suit shall be defeated by non joinder or mis joinder of parties
however this shall not apply to non joinder of necessary parties
O1 R10
- Where suit instituted in name of wrong plaintiff or where it appears doubtful
- and court is satisfied it is a bona fide mistake
- and that necessary to substitute or add other plaintiff for determiniation of real matter
- may do so on terms it finds just
-