Joinder - Encyclopedia

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JOINDER, in English law, a term used in several connexions. Joinder of causes of action is the uniting in the same action several causes of action. Save in actions for the recovery of land and in actions by a trustee in bankruptcy a plaintiff may without leave join in one action, not several actions, but several "causes of action." Claims by or against husband and wife may be joined with claims by or against either of them separately. Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided such claims are alleged to arise with reference to the estate of which the plaintiff or defendant sues or is sued as executor or administrator. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.

Joinder in pleading is the joining by the parties on the point of matter issuing out of the allegations and pleas of the plaintiff and the defendant in a cause and the putting the cause upon trial.

Joinder of parties

Where parties may jointly, severally or in the alternative bring separate actions in respect of or arising out of the same transaction or series of transactions they may, by Order XVI. of the rules of the supreme court, be joined in one action as plaintiffs.

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This page was last modified 29-SEP-18
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