Order 10 — Joinder of Causes of Action
Rule 1 All causes of action may be joined.
Subject to the following rules of this order, the plaintiff may unite in the same action or several causes of action; but if it appears that they cannot be conveniently tried or disposed of together, a Judge may order separate trials of such causes of action or may make such order as may be necessary or expedient for the separate disposal of it.
Rule 2 Claims by joint plaintiffs.
A claim by the plaintiff jointly may be joined with claims by them or any of them separately against the same defendant.
Rule 3 Counter-claim against plaintiff.
(1) Subject to sub-rule (2) of this rule, a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against the plaintiff in the action in respect of any matter, whenever and however arising, may instead of bringing a separate action, make a counter claim in respect of that matter; and where he does so, he shall add the counter claim to his defence.
(2) The provisions of sub-rule (1) of this rule shall apply in relation to a counter claim as if the counter claim were a separate action and as if the person making the counter claim were a plaintiff and the person against whom it is made, the defendant.
(3) A counter claim may be proceeded with notwithstanding that Judgement is given for the plaintiff in the plaintiff’s action or that the action is stayed, discontinued or dismissed.
Rule 4 Court may order separate trials, etc.
(1) Where a claim in respect of two or more causes of action is included by a plaintiff in the same action or by a defendant in a counter claim or where two or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of such causes of action or of parties as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.
(2) Where it appears on the application of any party against whom a counter claim is made, that the subject matter of the counter claim ought for any reason to be disposed of by a separate action, the Court may order it to be tried separately or make such other order as may be expedient.