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Bare acts > Code of Civil Procedure, 1908 > Order 2 Rule 7
 
  


 

7. Objections as to mis-joinder.- All objections on the ground of mis-joinder 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.

HIGH COURT AMENDMENTS

KERALA, LACCADIVE, MINICOY AND AMINDIVI ISLANDS—Sub-rule (1) is the same as that of Punjab except for the words “by striking out the remaining causes of action” fn sub-rule (1), the word “suitably” is substituted. And in sub-rule (2), for the words “amended plaints for the remaining causes of action”, the words “the amended plaint for the remaining cause of action” are substituted (9.6.1959) and Regulation 8 of 1965, Section 2 and Schedule, (w.e.f. 1.10.1967).

RAJASTHAN.—Add Rule 8 in Order Z

“8 (1) Where such objection has been allowed by the Court, the plaintiff shall be permitted to select the cause of action with which he will proceed and shall within a time to be fixed by the Court amend the plaint by striking out the remaining causes of action.

(2) When the plaintiff has selected the cause of action with which he will proceed the Court may on his application pass an order giving him time within which to submit amended plaints for the remaining causes of action and for making up the order, the Court shall proceed as provided in Rule 18 of Order 6 and as required by the provisions of the Court-fees Act.” (14.8.1954).

Rule 8 added

PUNJAB (15.5.1909), Haryana 1.11.1966, Delhi 3.10.1966, Himachal Pradesh and Chandigarh.- Add the following rule to Order II: (w.e.f. 15th May, 1909):

“Rule 8.—(1) Where an objection, duly taken, has been allowed by the Court, the plaintiff shall be permitted to select the cause of action with which he will proceed, and shall, within time to be fixed by the Court, amend the plaint by striking Out the remaining causes of action.

(2) When the plaintiff has selected the cause of action with which he will proceed the Court shall pass an order giving him time within which to submit amended plaint for the remaining causes of action and for making up the court fees that may be necessary. Should the plaintiff not comply with the Court’s order, the Court shall proceed as provided in Rule 18 of Order VI and as required by the provisions of the Court-Fees Act.”

RAJASTHAN.- Add Rule 8 in Order II.

“8 (1) Where such objection has been allowed by the Court, the plaintiff shall be permitted to select the cause of action with which he will proceed and shall within a time to be fixed by the Court amend the plaint by striking out the remaining causes of action.

(2) When the plaintiff has selected the cause of action with which he will proceed the Court may on his application pass an order giving him time within which to submit amended plaints for the remaining causes of action and for making up the order, the Court shall proceed as provided in Rule 18 of Order VI and as required by the provisions of the Court-Fees Act.” (14.8.1954).

 

 

 

 

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