Rule 3A of CPC : Rule 3A: Power To Order Separate Trials Where Joinder Of Defendants May Embarrass Or Delay Trial

Explanation using Example

Imagine a situation where a homeowner sues a construction company and an architect for defects in the construction of their home. The homeowner believes both parties are responsible for the defects. However, the construction company and the architect have very different defenses and legal strategies. The construction company claims that they followed the architect's plans precisely, while the architect argues that any construction defects are due to the construction company's poor workmanship, not the design.

In this case, the court may find that having both defendants in the same trial could complicate issues and cause delays, as each defendant is blaming the other and requires separate evidence and witnesses to support their defenses. Under Rule 3A of The Code of Civil Procedure, 1908, the court has the power to order separate trials for the construction company and the architect to avoid confusion and ensure a fair and efficient resolution for the homeowner's claims.