In the Fifth Schedule to the principle Act (hereinafter referred to as the First Schedule), in Order I,-



(i)for rule 1, the following rule shall be substituted, namely:-



"1.Who may be joined as plaintiffs.- All persons may be joined in one suit as plaintiffs where-



(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and



(b) if such persons brought separate suits, any common question of law or fact would arise.";



(ii)for rule 3, the following rule shall be substituted, namely:-



"3.Who may be joined as defendants.- All persons may be joined in one suit as defendants where-



(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and



(b) if separate suits were brought against such persons, any common question of law or fact would arise.";



(iii)after rule 3, the following rule shall be inserted, namely:-



"3A.Power to order separate trials where joinder of defendants may embarrass or delay trial.- Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient in the interests of justice.";



(iv)for rule 8, the following rule shall be substituted, namely:-



"8.One person may sue or defend on behalf of all in same interest.- (1) Where there are numerous persons having the same interest in one suit,-



(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested;



(b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.



(2)The Court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct.



(3)Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may apply to the Court to be made a party to such suit.



(4)No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's expense, notice to all persons so interested in the manner specified in sub-rule (2).



(5)Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit.



(6)A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended, as the case may be.



Explanation.- For the purpose of determining whether the persons who sue or are sued, or defend, have the same interest in one suit, it is not necessary to establish that such persons have the same cause of action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be.";



(v)after rule 8, the following rule shall be inserted, namely:-



"8A.Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.- While trying a suit, the Court may, if satisfied that a person or body of persons is interested in any question of law which is directly and substantially in issue in the suit and that it is necessary in the public interest to allow that person or body of persons to present his or its opinion on that question of law, permit that person or body of persons to present such opinion and to take such part in the proceedings of the suit as the Court may specify.";



(vi)to rule 9, the following proviso shall be added, namely:-



"Provided that nothing in this rule shall apply to non-joinder of a necessary party.";



(vii)after rule 10, the following rule shall be inserted, namely:-



"10A.Power of Court to request any pleader to address it.- The Court may, in its discretion, request any pleader to address it as to any interest which is likely to be affected by its decision on any matter in issue in any suit or proceeding, if the party having the interest which is likely to be so affected is not represented by any pleader.".;



(viii)in rule 11, for the words "the suit", the words "a suit" shall be substituted.