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 thereof.
Claims by joint plaintiffs
2.
Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the
same defendant.
Counter-claim against plaintiff.
3.
(1) Subject to sub-rule (2) of this rule, a defendant in any action who alleged 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)
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 Judgment is given for the plaintiff in
the plaintiff's action or that the action is stayed, discontinued or dismissed.
Count may order separate trials, etc
4.
(1) If claims in respect of two or more causes of action are included by a plaintiff in the same
action or by a defendant in a counter claim or if 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)
If it appears on the application of any party against whom a 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.
ORDER 11
CONSOLIDATION
Consolidation
1.
(1) Where two or more matters are pending in the Court and it appears to the Court that(a)
same question of law or fact arises in both or all of them; or
(b) The rights to relief claimed therein are in respect of or arise out of the same or similar
transaction or series transactions; or
(c)
The interest of justice of the trial so demands, the Court may order that the causes or matters be
consolidated on such terms as it thinks just and the court shall give such directions as may be
necessary with respect to the hearing of the causes or matters so consolidated.
(2)
(a)
(b)
(c)
An order to consolidate may be made where two or more causes or matters are pending between
the same plaintiffs and the same defendants; or
the same plaintiffs and different defendants; or
Different plaintiffs and different defendants.