MCQs on Order I of CPC (Parties to Suits)

Indian Law (Central Act)

MCQs on CPC Order I: Join Parties Effectively

Order I of the Code of Civil Procedure, 1908, governs the rules concerning parties to a suit, establishing that all persons can be joined as plaintiffs or defendants if the right to relief arises from the same act or transaction and a common question of law or fact exists, while empowering the Court to prevent embarrassment or delay by ordering separate trials, and further providing that no suit shall be defeated due to misjoinder or nonjoinder of parties, with the Court having the extensive power to add, remove, or substitute parties at any stage to ensure the effective and complete adjudication of all matters in controversy, including specific provisions for representative suits, joinder in cases of doubt or contract liability, and the waiver of objections not taken at the earliest opportunity.

MCQs on Order I of CPC (Parties to Suits)

1. Under Order I, Rule 1, multiple plaintiffs can be joined in one suit when:
a) They are all from the same family.
b) The right to relief arises from the same act or transaction and a common question of law or fact arises.
c) The defendant is the same in all potential separate suits.
d) The total value of the claim is below a specified pecuniary jurisdiction.

Answer: b) The right to relief arises from the same act or transaction and a common question of law or fact arises.

2. Under Order I, Rule 2, if the Court finds that the joinder of plaintiffs may embarrass or delay the trial, it can:
a) Dismiss the suit outright.
b) Put the plaintiffs to their election or order separate trials.
c) Compel the plaintiffs to choose a single representative.
d) Only order separate trials, with no other option.

Answer: b) Put the plaintiffs to their election or order separate trials.

3. The fundamental principle for joinder of defendants under Order I, Rule 3 is:
a) All defendants must be jointly liable for the entire claim.
b) The right to relief must arise from the same act/transaction and a common question of law/fact must arise.
c) The plaintiff must have a cause of action against each defendant individually.
d) The defendants must have a common interest in defending the suit.

Answer: b) The right to relief must arise from the same act/transaction and a common question of law/fact must arise.

4. According to Order I, Rule 4, the Court can give judgment:
a) Only if all plaintiffs are found entitled to relief and all defendants are found liable.
b) For or against one or more of the plaintiffs or defendants based on their individual entitlements/liabilities.
c) Only after all non-necessary parties are struck out.
d) After ensuring every defendant is interested in all the reliefs claimed.

Answer: b) For or against one or more of the plaintiffs or defendants based on their individual entitlements/liabilities.

5. Order I, Rule 5 states that:
a) Every defendant must have an interest in every relief claimed against him.
b) It is not necessary for every defendant to be interested in all the relief claimed.
c) A suit is defective if a defendant is not interested in even one relief.
d) Reliefs must be claimed separately against each defendant.

Answer: b) It is not necessary for every defendant to be interested in all the relief claimed.

6. Order I, Rule 6 allows a plaintiff to join in one suit:
a) All persons liable on the same contract.
b) All persons against whom he has any claim, irrespective of the cause of action.
c) Only those persons who are jointly liable.
d) All persons who are necessary parties.

Answer: a) All persons liable on the same contract.

7. Order I, Rule 7 is invoked when:
a) The defendant is evading service of summons.
b) The plaintiff is unsure about the exact person from whom he is entitled to redress.
c) There is a mistake in the plaintiff’s name.
d) The plaintiff wants to sue in a representative capacity.

Answer: b) The plaintiff is unsure about the exact person from whom he is entitled to redress.

8. Under Order I, Rule 8, for a representative suit to be instituted, the persons represented must:
a) Have the same cause of action.
b) Have the same interest in the suit.
c) Be related to each other.
d) Give their written consent.

Answer: b) Have the same interest in the suit.

9. As per Order I, Rule 8(2), the notice of the suit’s institution to all interested persons is given:
a) At the defendant’s expense.
b) At the State’s expense.
c) At the plaintiff’s expense.
d) At the Court’s expense.

Answer: c) At the plaintiff’s expense.

10. Under Order I, Rule 8(4), no compromise or withdrawal of a representative suit is permissible unless:
a) The majority of the interested persons consent.
b) The Court has given notice to all interested persons.
c) The defendant agrees to the terms.
d) The Advocate General grants permission.

Answer: b) The Court has given notice to all interested persons.

11. The general effect of misjoinder or nonjoinder of parties under Order I, Rule 9 is that:
a) The suit shall be defeated.
b) The suit shall be stayed until the proper parties are joined.
c) No suit shall be defeated, and the Court can proceed with the parties before it.
d) It is a fundamental defect that cannot be cured.

Answer: c) No suit shall be defeated, and the Court can proceed with the parties before it.

12. The proviso to Order I, Rule 9 states that the rule:
a) Applies strictly to nonjoinder of a necessary party.
b) Does not apply to nonjoinder of a necessary party.
c) Applies only to misjoinder of parties.
d) Does not apply to representative suits.

Answer: b) Does not apply to nonjoinder of a necessary party.

13. Under Order I, Rule 10(2), the Court can add a party:
a) Only upon the application of the plaintiff.
b) Only upon the application of the defendant.
c) Either upon or without the application of any party.
d) Only at the stage of the final hearing.

Answer: c) Either upon or without the application of any party.

14. The power of the Court under Order I, Rule 10(2) to add a party is exercisable when the person’s presence is necessary:
a) To prove a document.
b) To enable the Court to effectually and completely adjudicate upon all questions.
c) Merely because he is a witness to the transaction.
d) Because he is a friend of the plaintiff or defendant.

Answer: b) To enable the Court to effectually and completely adjudicate upon all questions.

15. When a new defendant is added under Order I, Rule 10, the proceeding against him is deemed to have begun:
a) From the date of the institution of the original suit.
b) From the date of the Court’s order of addition.
c) Only on the service of the summons upon him.
d) From the date he files his written statement.

Answer: c) Only on the service of the summons upon him.

16. As per Order I, Rule 13, objections regarding the non-joinder or misjoinder of parties must be taken:
a) At the earliest possible opportunity and, at the latest, before the settlement of issues.
b) In the first appeal.
c) At any time before the judgment is pronounced.
d) Only in the written statement.

Answer: a) At the earliest possible opportunity and, at the latest, before the settlement of issues.

17. If an objection as to misjoinder of parties is not taken at the proper time, it is:
a) A ground for a fresh suit.
b) A fundamental jurisdictional error.
c) Deemed to have been waived.
d) Can be taken in revision.

Answer: c) Deemed to have been waived.

18. Order I, Rule 8A empowers the Court to permit a person or body to present an opinion in a suit when:
a) They are a necessary party to the suit.
b) They are affected by the factual findings of the case.
c) A question of law which is substantially in issue is of public interest and they are interested in it.
d) The existing parties are not properly represented.

Answer: c) A question of law which is substantially in issue is of public interest and they are interested in it.

19. Under Order I, Rule 12, where there are multiple plaintiffs or defendants, one can appear for others provided:
a) They are the eldest in the group.
b) They are legally trained.
c) They have a written authority filed in Court.
d) The Court passes a specific order to that effect.

Answer: c) They have a written authority filed in Court.

20. The power to give the “conduct of the suit” to a proper person under Order I, Rule 11 is vested in:
a) The plaintiff.
b) The bar association.
c) The Court.
d) The first named plaintiff.

Answer: c) The Court.

Prepared By Tanmoy Bhattacharyya

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