CENTRE FOR HUMAN RESOURCE DEVELOPMENT

YANGON UNIVERSITY OF DISTANCE EDUCATION

DEPARTMENT OF LAW

STUDY ON THE SUIT OF CIVIL NATURE

Group-5
5LLB-21 _Swan Paing Kyaw
5LLB-22_Myat Oo Htun
5LLB-23_Zin Min Oo
5LLB-24_Hnin Wint San
5LLB-25_Kyaw Shwe

5-LLB,ONLINE
2019
 Content
Acknowledgement
Abstract
Introduction

Chapter 1 Parties To Suits

1.1 Joinder of plaintiffs .
1.1.1 Misjoinder of plaintiffs .
1.1.2 Power of court to order separate trials
1.2 Joinder of Defendants
1.2.1 Misjoinder of defendants
1.2.2 Defendant need not be interested in all relief
claimed
1.3 Joinder of parties liable on same contract
1.4 One person may sue or defend on behalf of all in
same interest
1.5 Misjoinder and nonjoinder
1.5.1 Misjoider of Parties Effect
1.5.2 Nonjoinder of parties
1.6 Conduct of Suit
Chapter 2 Cause Of Action
2.1 Jurisdiction Of The Courts .
2.1.1 .
2.2 Frame Of Suit
2.2.1
Chapter. 3 Proceedings
3.1 Plaint

Conclusion
References
 Introduction

We have start study procedure about ,every suit is instituted by presenting a plaint

to the court or to such officer as it appoints in that behalf. When the plaint has been

presented to a proper court, shows a cause of action, the relief is property valued, is written

on a sufficiently stamped paper and is not barred by any law, the court admits the plaint

and then it is numbered and registered as a suit. In the study on suit of civil nature,we have

noted three chapters.

Chapter 1 deals with parties to suits, In every suit there must be at least one plaintiff

and one defendant.

.Chapter 2 learn about the cause of action, Every suit must contain the cause of

action.

Chapter 3 study proceedings,about of plaint, and the relief claimed.

 Chapter 1

PARTIES TO SUITS

In every suit there must be at least one plaintiff and one defendant. There may be

more than one plaintiff and more than one defendant where an act or transaction proceeds

from two or more persons or it affects two or more persons.

1.1 Joinder of plaintiffs

All person may be joined in the suit as plaintiffs

(a) where the right to relief alleged to exist in each plaintiff

arises out of the same act or transaction, and

(b) where if such person brought separate suits, any

common questions of law or fact would arise.1

In a family,individuals with the right to claim on inheritance are joinder of plaintiffs

essentially.2

1
Rule 1, ORDER (1) of CPC
2
Daw Ngwe Myaing and six VS U Mg Kalay and two
1.1.1 Misjoinder of plaintiffs

If two or more persons are joined as plaintiffs in one suit in a case where the aforesaid

two conditions do not exist, the result would be a misjoinder of plaintiffs.

1.2 Joinder of Defendants

All person may be joined in one suit as defendants-

(a) where any right to relief alleged to exist against them arises

out of the same act or transaction; and

(b) where, if separate suits were brought such persons, any

common question of law or fact would arise.3

In a suit by an heir for a share in an estate all the persons in possession of different portions

of the estate cannot be joined as defendants unless they are in possession by virtue of the

same transaction or the same series of the transaction within the meaning of Order 1,

Rule3.

Under Order 1,Rule 3,a plaintiff cannot join in the same suit several causes of

action against several defendants unless the defendants are all jointly interested in each

separate cause of action.4

3
Rule 3, ORDER (1) of CPC
4
W,Dhar V Htoon May and others BLT,Vol:12,P-106
12.1 Misjoinder of defendants

If two or more persons are joined as defendants in one suit in a case where the

aforesaid two conditions do not exist, the result would be misjoinder of defendants.