In a suit instituted by A B and C jointly for an injunction against D E and F it is alleged that all...........

Civil Procedure Code (CPC) 1908 Institution of Suits

In a suit instituted by A, B and C jointly for an injunction against D, E and F, it is alleged that all three defendants, as officers of several associations of workman, conspired to prevent all persons, not belonging to the associations, from obtaining employment in place of the members of the associations. To constitute the overt acts alleged to have been committed in furtherance of the conspiracy, it is averred that D, E and F caused A, B and C to be molested, that E used threatening language to A, and that F assaulted C. It is proved that D was not a party to the conspiracy. A, B and C may join in the suit, notwithstanding that an injunction is granted against E and F only because:

The claim has arisen out of the same series of transactions

It involves the common question of fact and law whether the overt acts were committed in furtherance of the conspiracy

Both (A) and (B)

None of these

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Explanation:

- Option 1: The claim has arisen out of the same series of transactions: This suggests that all claims are connected by a series of related events. Despite evidence against D, the actions of E and F are part of the same series of incidents, allowing the plaintiffs to join in the suit.

- Option 2: It involves the common question of fact and law whether the overt acts were committed in furtherance of the conspiracy: Here, the focus is on whether the actions of E and F were intended to further the conspiracy, which presents a commonality in legal and factual issues.

- Option 3: Both (A) and (B): This option combines both the series of transactions and common legal questions, justifying the joint suit. It recognizes the interconnectedness and shared legal questions among the claims.

- Option 4: None of these: This would suggest that neither of the previous options apply, which is inaccurate given the context.

Option 3: Both (A) and (B) is correct.