Order 2 Rule 6 CPC – Power of Court to Order Separate Trials

Introduction

In civil litigation, joinder of parties and causes of action is generally encouraged to avoid multiplicity of proceedings. However, practical difficulties sometimes arise during trial, especially when multiple parties are involved, and proceedings are delayed due to the absence, non-service, or non-participation of some defendants. At this stage, Order 2 Rule 6 CPC becomes highly relevant. This provision empowers the Court to direct separate trials where a joint trial of causes of action is not convenient. The rule provides:

Where it appears to the Court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the Court may order separate trials or make such other order as may be expedient.

The key phrase here is “cannot be conveniently tried or disposed of together.”

Scope and Object of Order 2 Rule 6 CPC

The main objective of Order 2 Rule 6 CPC is:

• To ensure the smooth administration of justice
• To prevent a delay in proceedings
• To avoid prejudice to any party
• To maintain judicial efficiency

Although Order 2 generally deals with joinder of causes of action, Rule 6 acts as a corrective mechanism when such joinder becomes impractical.

When Does Order 2 Rule 6 CPC Apply?

Order 2 Rule 6 CPC applies where:

1. Multiple causes of action are joined in one suit.
2. The Court finds that they cannot be conveniently tried together.
3. Joint trial would cause delay, confusion, or injustice.

Important Clarification

Order 2 Rule 6 CPC primarily deals with joinder of causes of action, not merely multiple parties under one single cause of action. The multiple parties primarily deal in an Order 1 Rule 2.

If there is truly only one cause of action, then technically Rule 6 may not be directly applicable unless multiple causes are joined in the same suit.

In case of absent defendants, usually courts proceed under:

• Ex parte proceedings against absent defendants
• Separation of proceedings for practical purposes
• Inherent powers under Section 151 CPC

However, if pleadings show distinct causes of action against different defendants within one suit, then the Court may invoke Order 2 Rule 6 CPC and order separate trials.

Practical Situations Where Courts Use Order 2 Rule 6 CPC

Courts generally invoke Order 2 Rule 6 CPC in cases such as:

• Different contracts are involved in one suit
• Separate transactions joined together
• Claims requiring different sets of evidence
• Delay caused by the service issues of some defendants
• Risk of prejudice if tried together

In such situations, the Court may:

• Order separate trials for different causes of action
• Direct that one cause proceed first
• Make any other order deemed expedient

Procedural Aspect

Who Can Apply?

• Plaintiff
• Defendant
• Or the Court may act suo motu

At What Stage?

• Before framing the issues
• After issues are framed
• Even during the trial, if the inconvenience becomes apparent

Court’s Consideration

The Court examines:

• Nature of causes of action
• Whether evidence overlaps
• Whether the delay is being caused
• Whether a separate trial would expedite justice

Practical Advice for Advocates

If proceedings are being delayed because:

• Some defendants are not appearing
• Service is incomplete
• Evidence against certain defendants is ready

You may consider:

1. Seeking ex parte proceedings against absent defendants.
2. Requesting separation under Order 2 Rule 6 CPC (if multiple causes exist).
3. Invoking Section 151 CPC for expeditious disposal.
4. Moving application for striking off defence (where applicable).

Strategic drafting is crucial. The application must clearly show how the joint trial is causing inconvenience and delay.

Sample Structure of Application

1. Title of the Court
2. Case Title
3. Application under Order 2 Rule 6 CPC
4. Brief facts
5. Grounds:
   • Multiple causes of action
   • Inconvenience in joint trial
   • Delay in proceedings
   • Interest of justice
6. Prayer:
   • Order for separate trial
   • Any other appropriate order

Conclusion

Order 2 Rule 6 CPC is a discretionary power granted to the Court to ensure that litigation remains efficient and fair. It is not automatically applicable in every case of multiple parties. Rather, it is invoked where joinder of causes of action makes a joint trial inconvenient.

For advocates, understanding the correct scope of Order 2, Rule 6 of the CPC, is essential to avoid procedural objections and unnecessary delays.