ORDER II: FRAME OF SUIT

— Joinder of causes of action — Scope — Order II Rule 3, CPC reveals that while it permits joinder of several causes of action, it is not so without limitations — The first limitation is that where there is more than one plaintiff, all of them have to be ‘jointly interested’ in all the causes of action — The second limitation is that where there is more than one defendant the several causes of action must be against all of them ‘jointly’ — In other words, Rule 3 does not permit joinder of several causes of action where the plaintiffs and defendants are not jointly interested, or where some causes of action are against one set of defendants and some against another set of defendants. [PLR 2025 Sindh 4 = PLD 2025 Sindh 5]

—  Joinder of causes of action — Power of court to order separate trials — Scope — Order II Rule 6, CPC is available only when the joinder of causes of action is within the limitations imposed by Order II Rule 3, CPC and the Court then feels that one or more of the causes of action cannot be conveniently tried or disposed of together — Rule 6 is not intended to say that even if the joinder of causes of action is beyond the limitations imposed by Rule 3, the Court can nonetheless order separate trials or step into the shoes of the plaintiff to remedy the defect by other means, for that would make Rule 3 redundant. [PLR 2025 Sindh 4 = PLD 2025 Sindh 5]

—  Joinder of causes of action — Power of court to order separate trials — Scope — Order II Rule 6, CPC is available only when the joinder of causes of action is within the limitations imposed by Order II Rule 3, CPC and the Court then feels that one or more of the causes of action cannot be conveniently tried or disposed of together — Rule 6 is not intended to say that even if the joinder of causes of action is beyond the limitations imposed by Rule 3, the Court can nonetheless order separate trials or step into the shoes of the plaintiff to remedy the defect by other means, for that would make Rule 3 redundant. [PLR 2025 Sindh 4 = PLD 2025 Sindh 5]