Defendant need not be interested in all the relief claimed
Full Text
It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him.
Plain English Summary
Clarifies that a person may be lawfully joined as a defendant even if they are only interested in a part of the subject matter or relief claimed in the suit.
Key Legal Elements
- Scope of Joinder: Rebuts defense objections of misjoinder based on partial interest in the suit.
- Synergy with Rule 3: Validates arraying parties having limited, derivative, or ancillary interests in the subject matter.
- Costs Protection: A defendant unnecessarily burdened with extensive litigation regarding reliefs in which he has no interest may seek costs.
Practical Note
Courtroom Tactics: 1. Answering Misjoinder Objections: When a defendant objects that he has no concern with principal reliefs (e.g., damages or specific performance) but only holds a lien or formal possession, plaintiff's counsel relies on Rule 5 to sustain the array. 2. Costs Strategy: A formal defendant should file a written statement disclaiming interest in the contested reliefs and request discharge or costs under Section 35 CPC.
हिंदी पाठ
यह आवश्यक नहीं होगा कि प्रत्येक प्रतिवादी उसके विरुद्ध किसी वाद में दावा किए गए सभी अनुतोषों में हितबद्ध हो।