The word “Parties to suit” is a much known 

term in the legal field. In perspective of Bangladesh

the term has also a great importance Code of Civil Procedure. In this article, we take a glance
some common issues of Parties to suit laws in Bangladesh such as: What is Parties to suit,
Classification of the Parties, Joinder of parties. In addition, it includes Joinder of plaintiff and
Joinder of defendant, Nonjoinder and Misjoinder of parties, Strike out or Add party, one person
may sue or defend on behalf of all in same interest, Appearance of one of several plaintiffs or
defendants etc.

Parties to suit (Order I Rule 1 to 13)

There are two types of parties in a civil case.

1. Plaintiff and
2. Defendants

Plaintiff:

Plaintiff is the person who files the suit seeking relief against some person or set of persons.

Defendants:

Defendants are the persons against when the suit is filed and relief sought.

Classification of the Parties:

In a civil suit, the presence of both the plaintiff, who files the suit, and the defendant, who is
sued, is necessary. In each case there are two categories; first one is the necessary party and the
other is proper party.

Necessary party

When no relief can be given without impleading a person in the suit, that person is a necessary
party.

Proper party

A proper party is one in whose absence an effective order can be made but whose presence is
necessary for a complete and final decision on the question involved in the proceeding.

Proforma defendants

In some cases certain parties against whom no actual relief is claimed are shown as “Proforma
defendants” since those parties are otherwise necessary to be impleaded or joined in the
proceeding

Joinder of parties

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  Joinder of parties means joining a person as a party either as plaintiff or defendant. If
there is common grievance or claim, they may be joined in one suit. One or more plaintiff
may file a suit against one or more defendant.

Joinder of plaintiff

 More than one plaintiff may be joined in a suit. All persons can be joined in one suit as
plaintiff where-
a) Any right to relief in respect of, or arising out of, the same act or transaction or series of
acts or transactions is alleged to exist in such persons, whether jointly, severally or in the
alternative; and
b) If such persons brought separate suits, any common question of law or fact would arise.
[ Order I Rule 1.]
 Where it appears to the Court that, any joinder of plaintiffs may embarrass or delay the
trial of the suit, the Court may put the plaintiffs to their election or order separate trial.
[ Order I Rule 2]

Joinder of defendant

 More than one defendant may be joined in a suit. All persons can be joined in one suit as
defendant where:
(1) Any right to relief in respect of, or arising out of, the same act or transaction or
series of acts or transactions is alleged to exist against such persons, whether
jointly, severally or in the alternative; and
(2) If separate suits were brought against such persons, any common question of law
or fact would arise.[ Order I Rule 3]
 If there are more defendants, it shall not be necessary that every defendant shall be
interested as to all the relief claimed in any suit against him.

Nonjoinder and Misjoinder of parties

 When a person is not joined as party to suit is called as nonjoinder of party.

 When a person who is neither necessary nor proper party; is joined as party is called as
misjoinder of party.
 A suit will not be defeated by nonjoinder or misjoinder of parties. And Court may
proceed in the matter in respect of rights of parties present before Court.[ Order I Rule 9]
 All objections on the ground of non- joinder or mis joinder of parties shall be taken at the
earliest possible opportunity. [Order I Rule 13]

Strike out or Add party

 Where a wrong person is included as plaintiff, Court may at any stage of the suit, upon
satisfaction, order any other person to be substituted or added as plaintiff.

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  Where name of any party is improperly joined as plaintiff or defendant, on application or
otherwise may struck out such party.
 Court may add name of party whose presence is necessary for effective and complete
adjudication of the suit. [ Order I, Rule 10]

One person may sue or defend on behalf of all in same interest [Order I Rule 8]

 When one or more person, on behalf of themselves and others, files a suit is called as
‘representative suit’.
 One or more of such persons may, with the permission of the Court, sue or be sued, or
may defend such suit, on behalf of, or for the benefit of, all persons so interested.
 For such representative suit special procedure is prescribed which must be followed.
[Order I Rule 8]
 There are some condition for such institution of suit..
i) Parties must be numerous. Numerous means, many or great/large in numbers. There
is no specific number of parties.
ii) They must have same or common interest in the suit. They must have a common
grievance but it is not necessary that they should have same cause of action.
iii) Permission of the Court must be obtained.

After receipt of such application, Court shall, at plaintiffs expenses give notice to all persons so
interested. Such notice may be given by personal service or by public advertisement.

After this, Court may allow application and suit will be proceeded as representative suit.

 Any part of claim shall not be abandoned, no such suit shall be withdrawn, no agreement,
compromise or satisfaction shall be recorded in any such suit unless the Court has given,
at the plaintiffs expense, notice to all persons so interested in the suit.
 A decree passed in a suit under this rule shall be binding on all persons on whose behalf,
or for whose benefit, the suit is instituted, or defended, as the case may be.

Appearance of one of several plaintiffs or defendants

 If there are more than one plaintiff or defendant, then any one of them may be authorized
to appear, plead and act for others. [Order I Rule 12]

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