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Code of Civil Procedure, 1908 · Order II: Frame Of Suit

Order II Rule 7 CPC: Objections as to misjoinder

Bare Act text

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 amendments

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]

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

Every objection on the ground of misjoinder of causes of action must be taken at the earliest possible opportunity and, where issues are settled, at or before their settlement. An objection not so taken is deemed waived, unless the ground of objection arose later.

Order II: Frame Of Suit

  1. 1 Frame of suit
  2. 2 Suit to include the whole claim
  3. 3 Joinder of causes of action
  4. 4 Only certain claims to be joined for recovery of immovable property
  5. 5 Claims by or against executor, administrator or heir
  6. 6 Power of Court to order separate trials
  7. 7 Objections as to misjoinder
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