2. Power of Court to order separate trial.—Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to the election or order separate trials or make such other order as may be expedient.
Order I Rule 2 CPC: Power of Court to order separate trial
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
If the Court finds that joining plaintiffs in a suit may embarrass or delay the trial, it may put the plaintiffs to their election, order separate trials, or make such other order as is expedient. The rule allows the Court to manage a joinder that has become inconvenient.
Order I: Parties To Suits
- 1 Who may be joined as plaintiffs
- 2 Power of Court to order separate trial
- 3 Who may be joined as defendants
- 3A Power to order separate trials where joinder of defendants may embarrass or delay trial
- 4 Court may give judgment for or against one or more of joint parties
- 5 Defendant need not be interested in all the relief claimed
- 6 Joinder of parties liable on same contract
- 7 When plaintiff in doubt from whom redress is to be sought
- 8 One person may sue or defend on behalf of all in same interest
- 8A Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings
- 9 Misjoinder and non-joinder
- 10 Suit in name of wrong plaintiff
- 10A Power of Court to request any pleader to address it
- 11 Conduct of suit
- 12 Appearance of one of several plaintiffs or defendants for others
- 13 Objections as to non-joinder or misjoinder