G. YETHIRAJULU, J.

( 1 ) THIS is a reference made by a learned Single Judge of this Court to give a finding on a question whether a Landlord can maintain a single eviction petition against the tenants of two different portions of a building leased out under two separate lease deeds in the light of Order 1 Rules 3 and 9 and Order 2 rules 6 and 7 of the Code of Civil procedure, 1908 (for short c. P. C. ).

( 2 ) BEFORE delving into the question, we wish to refer to the relevant provisions of C. P. C.

( 3 ) ORDER 1 of the C. P. C. deals with parties to a suit. Order 1 Rule 3 reads as follows :"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. "order 1 Rule 5 reads follows :"5. Defendant need not be interested in all the relief claimed :-It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him. "order 1 Rule 9 reads as follows :"9. Misjoinder and non-joinder :-No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it : provided that nothing in this rule shall apply to non-joinder of a necessary party. "order 2 Rule 3 reads as follows :"3. Joinder of causes of action :- (1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the suit. (2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on the amount or value of the aggregate subject-matters at the date of instituting the suit. "order 2 Rule 6 reads as follows :"6. Power of Court to order separate trials :-Where it appears to the Court that the joinder of causes of action in one suit 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 in the interests of justice. "order 2 Rule 7 reads as follows :"7. Objections as to misjoinder :-All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived. "

( 4 ) ORDER 1 Rule 3 governs joinder of defendants. It states as to who may be joined as defendants in one suit. All persons may be joined as defendants in a single suit if the following conditions are satisfied : (i) The right to relief against each defendant must arise out of the same act or transaction or series of acts or transactions; and (ii) If separate suits were brought against such persons, common questions of law or fact would arise.

( 5 ) THE object of Rule 3 is to avoid multiplicity of suits and needless expenses, which can be avoided without embarrassment to the parties to the suit and also to the Court. [ishwar Bhai v. Harihar, (1999) 3 SCC 457 = 1999 (2) ALD (SCSN) 19].

( 6 ) ORDER 2 deals with frame of suit. The primary object of Order 2 Rule 1 is to ensure adjudication of all disputes in one suit by preventing further litigation in future.

( 7 ) THE following illustrations would give a clear picture about the joinder of necessary parties or causes of action : illustration No. 1 :

( 8 ) B, C, D and E each separately entered into an ag

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