11. Plaintiffs

CHAPTER IV 

OF PARTIES AND THEIR APPEARANCES, 

APPLICATIONS, AND ACTS 

11. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative, in respect of the same cause of action. And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to such relief as he or they may be entitled to, without any amendment of the plaint for that purpose. But the defendant though unsuccessful, shall be entitled to his costs occasioned by so joining any person who is not found entitled to relief, unless the court in disposing of the costs of the action otherwise directs.

Two person were arrested and charged in one action and acquitted. Both filed action together to recover damages on the basis of malicious prosecution and arrest. Court held, cause of action accruing to each was separate and distinct and should not have been combined. Suit was bad for misjoinder.

Don Simon Appuhamy Vs. Marthelis Rosa. (9 N.L.R. 68) 

Civil Procedure Code allows any number of persons having common interest to join in one action and several co-owners, joined in one action against another co-owner who appropriated all the rent of the common property, without accounting to other co-owners for their respective shares was not irregular.

Ibrahim Didi Vs. Alli Didi (13 N.L.R. 181) 

Plaintiff who was Manager of the Colombo Aerated Water Company, which was not an incorporated company, sued the defendants, who was employed by him for hawking areated water, for recovery of money being the value of empty bottles not returned and the balance cash proceeds of sale of water.

All partners of the firm should have joined in the action. The defendant did not contract with the plaintiff on the footing that the latter was an agent pledging his credit as principal. The plaintiff could not therefore, maintain this action as agent and that being so, he is unable to maintain it as a partner.

Suppiah Vs. Paliahpillai (14 N.L.R. 392) 

In a case where partners sue their servants to recover sums of money from the servants they need not establish any partnership agreement so far as the servant is concerned.

Silva Vs. Fernando (24 N.L.R. 191) 

The plaintiffs who are the widow and minor children of Selliah, sued the first and second defendants in the alternative alleging that one of the defendants has caused the death of Selliah by rashness or negligence.

Held; that there was no misjoinder of causes of action.

Fernando Vs. Sunthary Pillai (45 N.L.R. 126) 

A plaintiff, merely because he describes himself by reference to his public office in the caption to the plaint, is not precluded from obtaining, with the consent of the defendant, a decree in his favour in his personal capacity.

Nelson de Silva Vs. Casinathan (55 N.L.R. 121) 

Where a married woman governed by Thesavalamai instituted an action and her application for sanction of Court to sue alone, unassisted by her husband, was made with the presentation of the plaint -

Held; that the date of the institution of the action was the date on which the plaint was filed and not the date when the dispensation to sue alone was granted.

Piragasam Vs. Mariamma (55 N.L.R. 114) 

Plaintiff a registered trade union instituted action on behalf of its members against the defendant Corporation for declaration that according to the contracts entered into between its members and the defendant certain revised rates of allowances were payable to them.

Held; That a trade union has no locus standi to institute an action for any Relief based on the contracts of its members. The provisions of the Civil Procedure Code do not contemplate or countenance in a Court of Law an action or suit by a Trade union on behalf of its members. 

Ceylon Mercantile Union Vs.The Insurance Corporation of Sri Lanka (80 N.L.R. 309)