A RATIONAL THEORY FOR JOINDER OF CAUSES OF ACTION AND DEFENCES, AND FOR THE USE OF COUNTERCLAIMS

In discussing, first, the joinder of actions it will be convenient to consider three groups or classes of cases: Class I : Where one plaintiff (or joint plaintiffs) unites in a single proceeding two or more causes of action against one defendant (or joint defendants). Class 2: "Where two or more plaintiffs, each having a cause of action against the same party (or parties), unite their causes of action in one proceeding. Class 3: Where one plaintiff (or joint plaintiffs) having several causes of action, each against a different party, unites them in one proceeding. In considering each group or class of cases two situations should be noticed: (a) Where the causes sought to be joined are entirely separate and distinct, and (b) where they present common questions of law or fact.