Order XV Rule 2 CPC - One of Several Defendants Not at Issue

Order XV Rule 2 of the Code of Civil Procedure, 1908 (CPC), permits a civil court to pronounce judgment immediately for or against a particular defendant where no question of fact or law is in dispute between that defendant and the plaintiff. The suit may continue against the remaining defendants.

Text of Order XV Rule 2 CPC

Meaning and purpose of the rule

The expression "not at issue" means that, as between the plaintiff and the particular defendant, no material question of law or fact requires determination through a contested trial. The rule allows the court to dispose of that part of the litigation without unnecessarily delaying the proceedings involving other defendants.

The power is discretionary: the word "may" does not compel the court to pass an immediate judgment. The court must consider the pleadings, the relief sought and whether a genuine dispute remains in relation to that defendant.

Conditions for applying Order XV Rule 2

• The suit must involve more than one defendant.
• At least one defendant must not be at issue with the plaintiff on any question of fact or law relevant to the claim against that defendant.
• The court must be able to pronounce judgment for or against that defendant without deciding disputed matters that require trial.
• The proceedings then continue against the other defendants, insofar as issues remain to be determined.

Judgment and decree under sub-rule (2)

When judgment is pronounced under Rule 2, the court must draw up a decree in conformity with that judgment. The decree must bear the date on which the judgment was pronounced. A decree, defined in Section 2(2) of the CPC, is the formal expression of an adjudication that conclusively determines the rights of parties regarding all or any matters in controversy in the suit, subject to the statutory definition and exceptions.

Illustrative example

A plaintiff brings a civil suit against three defendants. The pleadings show that no material issue of law or fact arises between the plaintiff and Defendant A, while the claims involving Defendants B and C remain disputed. If the legal requirements are met, the court may pronounce judgment for or against Defendant A under Order XV Rule 2 and continue the suit against Defendants B and C.

This example is illustrative only. Whether a separate judgment is appropriate depends on the relief claimed, the nature of the defendants' liability and the issues arising from the pleadings.

Related CPC provisions

Order XIV Rule 1 addresses the framing of issues when a material proposition of fact or law is affirmed by one party and denied by the other. Order XV Rule 1 addresses situations where the parties are not at issue on any question of law or fact. Order XV Rule 3 deals with parties at issue, and Order XV Rule 4 addresses failure to produce evidence. These provisions should be read together with the relevant pleadings and applicable court rules.

Official legal source

For the authoritative legislation, amendments and applicable text, consult the Government of India's India Code portal and locate the Code of Civil Procedure, 1908 (Act 5 of 1908). State amendments, High Court rules and special procedural provisions may affect application in a particular court.

Frequently asked questions

Can judgment be passed against only one defendant?

Yes. Order XV Rule 2 expressly permits judgment for or against a defendant who is not at issue with the plaintiff, while the suit proceeds against the others.

Does the whole suit end when Rule 2 is applied?

No. Under sub-rule (1), the suit proceeds against the remaining defendants.

Is a decree required?

Yes. Sub-rule (2) requires a decree conforming to the judgment and bearing the judgment date.

Legal information: This article explains the general CPC provision and does not substitute for advice on the facts of a particular proceeding.