Order II Rule 7 CPC: Objections as to Misjoinder of Causes of Action
Order II Rule 7 of the Code of Civil Procedure, 1908 requires a party to raise objections to the misjoinder of causes of action promptly. If an objection is not raised at the prescribed stage, it is ordinarily treated as waived.
Text of Order II Rule 7 CPC
Order II - Frame of Suit; Rule 7 - Objections as to misjoinder
All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.
Meaning of misjoinder of causes of action
A cause of action is the bundle of material facts which a plaintiff must establish to obtain the claimed relief. Joinder of causes of action means including more than one such cause in a single suit. A misjoinder objection alleges that the causes have been combined contrary to applicable procedural rules.
Order II Rule 3 CPC permits joinder in specified circumstances, subject to other rules. Rule 4 imposes particular restrictions in suits for recovery of immovable property, and Rule 5 deals with claims by or against executors, administrators and heirs.
When must the objection be raised?
- At the earliest possible opportunity: a party should object as soon as the alleged misjoinder can reasonably be identified.
- At or before settlement of issues: where the court settles issues, the objection must ordinarily be raised no later than that stage.
- Where the ground arises later: the rule expressly preserves an objection if its ground has subsequently arisen.
The settlement of issues is governed principally by Order XIV CPC. A party should not assume that an objection can be reserved until evidence or final arguments when the relevant facts were apparent earlier.
What happens if the objection is delayed?
Rule 7 expressly states that an objection not taken in time shall be deemed to have been waived. This discourages parties from allowing a case to proceed and then raising a known procedural objection at a late stage.
How a party may raise a misjoinder objection
- Identify the distinct causes of action included in the plaint and the rule said to prohibit their joinder.
- State the objection specifically in the written statement or an appropriate application, as procedurally applicable.
- Raise it promptly and, where issues are framed, at or before their settlement unless the ground arose later.
- Explain any practical prejudice, delay or inconvenience and the procedural relief requested.
- Request an appropriate direction, including separate trials where justified under Order II Rule 6.
Practical illustrations
Example 1: Objection raised in time
A defendant receives a plaint combining claims that the defendant believes cannot lawfully be joined. The defendant raises the issue in the written statement before the court settles issues. The court can consider the objection and make an appropriate procedural order.
Example 2: Late objection to an apparent defect
A defendant knows of the alleged misjoinder from the outset but raises it only after evidence has been recorded. If the ground existed earlier and no exception applies, Rule 7 treats the objection as waived.
Example 3: A new ground emerges later
A subsequent amendment introduces an additional cause of action. If that change first creates the alleged misjoinder, the exception for a subsequently arising ground may permit a timely objection at that later stage.
Order II Rules 3, 6 and 7 compared
| Provision | Main purpose | Practical effect |
|---|---|---|
| Order II Rule 3 | Joinder of causes of action | Defines when multiple causes may be included in one suit, subject to restrictions. |
| Order II Rule 6 | Separate trials | Enables the court to order separate trials or other expedient directions where joinder may embarrass or delay trial or is otherwise inconvenient. |
| Order II Rule 7 | Timing and waiver | Requires prompt objections to misjoinder and treats untimely objections as waived, subject to the stated exception. |
Other relevant CPC provisions
Order I Rule 13 addresses the timing and waiver of objections relating to non-joinder or misjoinder of parties; it should not be confused with Order II Rule 7, which addresses causes of action. Order XIV governs settlement of issues. The court's procedural powers must also be considered alongside jurisdictional requirements and any applicable State amendments or High Court rules.
Frequently asked questions
What is Order II Rule 7 CPC?
It prescribes when an objection to misjoinder of causes of action must be raised and provides that an objection not raised in time is deemed waived.
Can misjoinder be objected to after issues are framed?
Ordinarily the objection must be taken at or before settlement of issues. The rule makes an exception where the ground of objection subsequently arises.
Is misjoinder of parties the same as misjoinder of causes of action?
No. Order I addresses joinder of parties, while Order II addresses joinder of causes of action. The relevant objection rules are different.
Does misjoinder always require dismissal of the suit?
No. The court must consider the governing procedural provisions and available directions, including separate trials under Order II Rule 6 where appropriate.
Can the court direct separate trials?
Yes. Under Order II Rule 6, the court may order separate trials or other expedient directions when joinder may embarrass or delay the trial or is otherwise inconvenient.
Official legislation and further reading
Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 (Act 5 of 1908), including its First Schedule. See also the Legislative Department, Government of India. Check applicable State amendments and High Court rules before relying on a provision in a particular court.
This article provides general legal information and is not a substitute for advice on the pleadings and applicable local procedural rules.