5. Defendant need not be interested in all the relief claimed.—It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him.
Order I Rule 5 CPC: Defendant need not be interested in all the relief claimed
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
It is not necessary that every defendant be interested in all the relief claimed in the suit against him. A defendant may therefore be joined even if the relief sought concerns him only in part.
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