Conduct of suit
Full Text
The Court may give the conduct of a suit to such persons as it deems proper.
Plain English Summary
Vests the trial court with full supervisory discretion to determine and assign the carriage and active management of the suit to the most suitable party.
Key Legal Elements
- Management of Multi-Party Litigation: Essential when multiple plaintiffs or representative parties have divergent strategies.
- Transfer of Conduct: If the existing conductor acts sluggishly or against group interests, court can reassign conduct.
- Interplay with Rule 8(5): Directly supports representative proceedings and consolidated suits.
Practical Note
Courtroom Tactics: 1. Reassigning Carriage: In multi-party or representative suits where the lead plaintiff colludes with defendants or fails to lead evidence, an active co-plaintiff should file an 'Application under Order I Rule 11 read with Section 151 CPC for transfer of conduct of suit'. 2. Consolidated Suits: When two counter-suits are consolidated, the court determines which party shall lead evidence first using powers under Rule 11.
हिंदी पाठ
न्यायालय वाद का संचालन ऐसे व्यक्तियों को सौंप सकेगा जिन्हें वह उचित समझे।