All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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13.

A enters into agreements with B and C. A agrees to supply B with oranges and to supply C with mangoes. Subsequently. A fails to supply both B and C with the fruits as promised. In light of these facts and the principle below, which of the following statements is most accurate ?


Principle :

All persons may be joined in one suit as plaintiffs, provided that the right to relief alleged to exist in each plaintiff arises out of the same act or transaction and the case is of such a character that, if such persons filed separate suits, common questions of law and facts would arise.

A: B&C must file separate suits, as A has entered into separate agreements with B and C.
B: B and C may file a suit against A together, as A's failure to supply them with fruits is a common cause of action.
C: B and C may file a suit against A together, as the right to relief arose from the same act, that is, A's failure to supply them with fruits.
D: B and C may file a suit against A together, as the right to relief arose from the same transaction, that is, A's agreement with B and C.
E: B and C may file a suit together, as common question of law and facts would arise if they filed separate suits.

The answer is: A

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Explanation

 

The correct option is A. B and C must file separate suits, as A has entered into separate agreements with B and C. The principle states that all persons may be joined in one suit as plaintiffs, provided that the right to relief alleged to exist in each plaintiff arises out of the same act or transaction and the case is of such a character that, if such persons filed separate suits, common questions of law and facts would arise. In this case, A's failure to supply B and C with fruits is not the same act or transaction, but two different breaches of contract. B and C have different causes of action against A, and they cannot claim the same relief.

Therefore, they cannot file a suit together. The other options are incorrect because they do not satisfy the condition of the principle.