AIR 1999 SUPREME COURT 1341 ::1999 AIR SCW 1039 ::1999 (2) ADSC 418 ::1999 SCFBRC 189 ::(1999) 2 Orissa LR 42 ::(1999) 1 CurLR 936 ::(1999) 82 FacLR 504 ::(1999) 3 CivLJ 395 ::(1999) 1 All RentCas 670 ::1999 (2) CivilCourtC 1 ::(1999) 1 LabLJ 1009 ::1999 (3) SCC 457 ::(1999) 2 Scale 108 ::1999 (2) All CJ 1126 ::1999 (35) All LR 755 ::1999 (1) Cal HN 96 ::(1999) 1 BankCas 580 ::(1999) 2 CurCC 171 ::(1999) 2 AndhWR 258 ::1999 (2) ICC 670 ::1999 (88) CutLT 308 ::(1999) 1 Lab LN 779 ::(2000) 1 Mad LW 178 ::(1999) 3 Mad LJ 22 ::(1999) 2 SCJ 158 ::(1999) 3 LandLR 333 ::1999 (2) LRI 36 ::1999 (3) Supreme 121 ::1999 (2) Cal LT 99 ::(1999) 2 JT 250 (SC) ::1999 (4) SRJ 146 ::1999 (2) JT 250

Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): S. Saghir Ahmad, M. B. Shah , JJ

(A) Civil P.C. (5 of 1908) , O.41 R.1, O.1 R.3, O.2 R.3— Appeal - Who can file - Suit for recovery of money - Claim for decree against both defendants with prayer that decree may be passed against both defendants so that decretal amount may be realised from either of defendant - Decree passed against only one of defendants - Plaintiff can file appeal against decree. Where in a suit for recovery of amount against two defendants, a prayer was made that decree may be passed against both the defendants so that decretal amount may be realised from either of defendants, however decree was against only one of defendants, it was open to plaintiff to invoke jurisdiction of appellate Court for decreeing suit even against other defendant.(Para 9) Moreover, two provisions, namely, O. 1, R. 3 and O. 2, R. 3 if read together indicate that the question of joinder of parties also involves the joinder of causes of action. The simple principle is that a person is made a party in a suit because there is a cause of action against him and when causes of action are joined, the parties are also joined and since in instant case, money was given to defendant No. 1 not directly by plaintiff but by defendant No. 2 who was father of plaintiff and who operated his bank account he had a cause of action against both the defendants, both of whom were, therefo....