What is the purpose of joinder of third party?
What is the purpose of joinder of third party?
Joinder of suit occurs when two or more issues are dispensed within the same hearing. Any defendant who claims that a third party may have a portion (or more) of the liability claimed by the plaintiff has the right to bring that third party into the suit.
What is a motion to join?
In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or trial and is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair.
What does it mean when a case is joined?
joined case in British English (dʒɔɪnd keɪs) law. a trial combining multiple related claims, etc. The cases of Fairchild, Fox, and Matthews (the latter two heard as joined cases) concerned appeals against former employers.
Who may be joined as plaintiffs?
(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiff’s having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of …
Who are the parties to a suit?
Khakare Vikas Parties to suit • Parties to suit are plaintiff and defendant. In pleading name, age, occupation and place of residence be mentioned. In case of more plaintiff or defendant parties shall be numbered consecutively.
How is a suit instituted?
Rule 1 of Order 4 goes as: (1) Every suit shall be instituted by presenting a plaint in duplicate to the Court or such officer as it appoints in this behalf. Section 26 provides that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
What do you mean by written statement?
In legal dictionary, the word written statement means a pleading for defence. In other words, a written statement is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff along with any new facts in his favour or that takes legal objections against the claim of the plaintiff.
Can written statement be filed after 90 days?
After the period of 90 days, the defendant looses the right to file the written statement. (C) CIVIL PROCEDURE CODE, 1908 (CENTRAL ACT NO. The Court must record the precise reasons for its permitting the defendant to do so beyond the statutory period of 30 days.
Can written statement be filed after 120 days?
In case of a delay, the court has discretion of maximum 120 days to grant time to the def… no rules can prescribe a time beyond 120 days for filing of the written statement. He also relies upon Section 16(3) and Section 21 of the Commercial Court Act 2015 to… 120 days to file the written statement at best.
What are the requirements of a written statement?
The written statement must deal specifically with each allegation of fact in the plaint and when a defendant denies any such fact, he must not do so evasively but answer the point of substance. If the denial of a fact is not specific but evasive, then the said fact is to be taken to have been admitted.
What is the purpose of written statement?
The written statement is the primary defense of the defendant. It called the answer of the defendant. The defendant has two choices for filing a written statement in Court. Either he can accept and admit the plaint, or he can contest the suit, which is presented by the plaintiff against him.
How do you file a written statement?
I. According to the basic procedure, after the plaintiff has filed the plaint, s/he is supposed to issue summons upon the defendant to allow him/her to file the written statement. According to Order VIII, Rule 1, a written statement must be filed within 30 days from the date of receipt of the summons by the defendant.
What is written statement of Defence?
Written Statement of Defense Meaning A written statement of defense is a written statement by a defendant formally admitting or denying the facts on which the plaintiff claim is based on and the material facts on which the defendant intends to rely on in his/her defense to the suit.
How do you write a plaint and written statement?
Necessary Contents of A Plaint
- Plaint should contain the name of the commercial or civil court where a suit will be initiated.
- Plaint should contain details of the plaintiff such as the name, address, and description.
- Plaint should contain the name, residence, and description of the defendant.
Can you claim set-off in an ongoing suit?
So, set-off can be filed only in money suits. The defendant cannot claim the money he has not already lent. It means the money should be ascertained. The ascertained money should be legally recoverable by the defendant from the plaintiff. It should not be barred by any laws of limitation.
What are the grounds for rejection of plaint?
As per Order 7 Rule 10(1) of the Code of Civil Procedure, 1908 a plaint is to be returned on the sole ground of lack of jurisdiction with the concerned Court-territorial, pecuniary or other causes.
On which of the following grounds can the court reject the plaint?
 Non-disclosure of cause of action is a valid ground for rejection of Plaint; however, to exercise its powers under this ground, the Court must be satisfied that even if all the facts disclosed in the Plaint were true, the Plaintiff will not be entitled to any relief [Hardesh Ores Pvt. Ltd Vs.
