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The Code of Civil Procedure, 1908: page 89

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 89, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                              Illustration
    A lets a house to B at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid.
A sues B in 1908 only for the rent due for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907.

     3. Joinder of causes of action.—(1) Save as otherwise provided, a plaintiff may unite in the same
suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs
having causes of action in which they are jointly interested against the same defendant or the same
defendants jointly may unite such causes of action in the same suit.
    (2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on
the amount or value of the aggregate subject-matters at the date of instituting the suit.
    4. Only certain claims to be joined for recovery of immovable property.—No cause of action
shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property,
except—
         (a) claims for mesne profits or arrears of rent in respect of the property claimed or any part
     thereof;
         (b) claims for damages for breach of any contract under which the property or any part thereof is
     held; and
          (c) claims in which the relief sought is based on the same cause of action:
                                                                                  e
                                                                             od
         Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or
     redemption from asking to be put into possession of the mortgaged property.
                                                                         aC
    5. Claims by or against executor, administrator or heir.—No claim by or against an executor,
administrator or heir, as such, shall be joined with claims by or against him personally, unless the last
                                                               di
mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant
sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable for, jointly with
                                                          In
the deceased person whom he represents.
     1
     [6. Power of Court to order separate trials.—Where it appears to the Court that the joinder of
causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may
order separate trials or make such other order as may be expedient in the interests of justice.]
     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.
                                        STATE AMENDMENT
Uttar Pradesh
    Amendment of the First Schedule Order II.— In the First Schedule to the principal Act
(hereinafter in this Chapter referred to as the First Schedule), in Order II, in rule 2 —
         (a) the existing explanation shall be numbered as Explanation I, and after Explanation I,
     as so numbered the following explanation II, shall be inserted, namely :—
          “Explanation II— For the purpose of this rule a claim for ejectment of the defendant from
  immovable property let out to him and a claim for money due from him on account of rent or
  compensation for use and occupation of that property, shall be deemed to be claims in respect
  of distinct causes of action.”;
          (b) for the illustration, the following illustration shall be substituted, namely :—
              “Illustration— A lets immovable property to B at a yearly rent. The rent for the
          whole of the years 1905, 1906 and 1907 is due and unpaid, and the tenancy is
          determined before A sues Bin 1908, only for the rent due for 1906. A may afterwards
          sue B for ejectment but not for the rent due for 1905 or 1907.”
[Vide Uttar Pradesh Act 57 of 1976, s. 4]

1. Subs. by Act 104 of 1976, s. 53, for rule 6 (w.e.f. 1-2-1977).

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