Code of Civil Procedure, 1908 ; Order I Rule 3,7 – Plaintiff may join as a defendant in one suit, all persons against whom, the plaintiff claims the right to relief in respect of, or arising out of, the same act or transaction or series of transactions. The claim viz. the defendants can be joint, several or in the alternative. Thus, it is permissible to file one civil suit, even when, separate suits can be brought against such persons, when common questions of law and fact arise. Order I Rule 7 of the Code permits a plaintiff who is in doubt as to the person from whom they are entitled to obtain redress, to join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, can be decided in one suit. (Para 11,12)
Code of Civil Procedure, 1908 ; Section 20(c)- Section 20(c) of the Code accords dominus litis to the plaintiff to institute a suit within local limits of whose jurisdiction the cause of action, wholly or in part arises.10 Every suit is based upon the cause of action, and the situs of the cause of action, even in part, will confer territorial jurisdiction on the court. The expression ‘cause of action’ can be given either a restrictive or wide meaning However, it is judicially read to mean – every fact that the plaintiff should prove to support their right to the judgment. (Para 10)
Civil suit – A question of territorial jurisdiction should ordinarily be decided at the outset rather than being deferred till all matters are resolved. (Para 15)