Order 1 Rule 1 CPC | Explained | Civil Procedure Code

Описание: Certainly, let me provide a more comprehensive explanation of both Order One and Rule One under the Code of Civil Procedure (CPC) in Pakistan:

**Order One**:
1. **Commencement of Lawsuit**: Order One outlines the procedure for commencing a civil lawsuit in Pakistan. It's the starting point for initiating legal action.

2. **Plaint**: Under Order One, the plaintiff (the person bringing the case) files a plaint, which is a formal written statement detailing the facts, claims, and the relief sought from the court.

3. **Parties to the Suit**: It addresses who can be parties to a lawsuit. Typically, the plaintiff and the defendant are parties, but it also allows for the addition of necessary and proper parties, as per the circumstances of the case.

4. **Jurisdiction**: Order One defines the jurisdiction of the court, indicating which court has the authority to entertain and adjudicate the particular matter.

*Rule One* (Part of Order One):
1. **Joinder of Parties**: Rule One specifies the general rule that all persons who have an interest in the subject matter of a suit should be joined as parties to the suit. This is to ensure that all relevant parties are included in the legal proceedings.

2. **Exceptions**: Rule One also allows for certain exceptions to the general rule. It provides guidance on when parties may not need to be joined, such as when their presence is not necessary to effectively decide the case, or when they are not properly before the court.

3. **Necessary and Proper Parties**: It distinguishes between necessary parties (those without whom the case cannot be decided) and proper parties (those whose presence would be desirable but not essential for a decision).

4. **Courts' Discretion**: Rule One grants the court some discretion in deciding whether parties should be joined or excluded based on the specific circumstances of each case.

In summary, Order One and Rule One together establish the foundation for commencing a civil lawsuit in Pakistan. They address the initiation of legal action, the parties involved, jurisdiction, and provide guidelines for joining or excluding parties as necessary for the fair and effective resolution of disputes.