To tackle such situations, Order 1 Rule 10 of the Code of Civil Procedure, 1908 (herein after referred as C.P.C.) comes into play. Order I of the C.P.C. deals with parties to the suit. Order I Rule 10(2) of C.P.C, empowers the Court to strike out the name of any party improperly joined whether as plaintiff or defendant and also when the name of ...
Order 1 Rule 10 The Court may strike out or add parties under Order 1, Rule 10, CPC. Order 1 Rule 10 CPC read as under: “10. Suit in name of wrong plaintiff. - (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether
14.Supreme Court futher explained the scope and ambit of Order 1 Rule 10(2) CPC regarding striking out or adding parties. The said sub-rule is not about the right of a non-party to be impleaded as a party, but about the judicial discretion of the court to strike out or add parties at any stage of a proceeding.
Order 1, Rule 10 CPC. 10. Suit in name of wrong plaintiff. (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted thought a bona fide mistake, and that it is necessary for the determination ...
Order 1 Rule 10 of CPC covers two types of cases (a) of a party who ought to have been joined but not joined and is a necessary party, and (b) of a party without whose presence the question involved in the case cannot be completely decided. The object of order 1 Rule 10 of CPC, is to bring before the court all persons at the same time who are ...
STRIKING OUT ADDING OR SUBSTITUTING PARTIES: RULE 10- ORDER – 1 (CPC) Rule 10 of Order 1 deals with striking out, addition and substitution of parties. ADDING OR SUBSTITUTING PLAINTIFFS. R. 10. Suit in name of wrong plaintiff — 1.
Order 1, Rule 10 of CPC: An Overview. Order 1, Rule 10 of the Civil Procedure Code (CPC) is a procedural provision that empowers the court to add, substitute, or strike down a person impleaded as a party to the suit. This rule is based on the fundamental principle of enabling the court to effectually and conclusively adjudicate upon and settle ...
Order XXII Rule 10 of Code of Civil Procedure, 1908: 10. Procedure in case of assignment before final order in Suit. In other cases of an assignment, creation or devolution of any interest during the pendency of a Suit, the Suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved. ...
The provisions of Order 1 Rule 10(2) CPC are having wide amplitude in operation.” “The issue of impleadment of the applicant as necessary party in present suit as such has already been adjudicated finally and the applicant cannot be allowed to raise issue of impleadment again and again particularly at appellate stage.
Order 1, Rule 10, CPC. This rule grants courts the discretion to add necessary or proper parties to a suit. A necessary party is one whose presence is indispensable for the complete adjudication of the case, while a proper party is one whose interests are directly connected to the subject matter of the dispute. "Real Controversy" Test
I. GENERAL PRINCIPLES UNDER ORDER 1 RULE 10 OF CPC: Order 1 Rules 9 and 10 of the Code of Civil Procedure, 1908 (CPC) read as under: 9. Misjoinder and non-joinder.- No suit shall be defeated by ...
In this article, we will discuss the topic relating to suit in the name of the wrong plaintiff under Order 1 Rule 10 of the CPC. Introduction:- Where a suit has been instituted in the name of the wrong plaintiff, the court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, order any other ...
Rule 10(4): Mandates amendment of plaint when defendants are added ; Rule 10(5): Addresses limitation period considerations ; Order I Rule 9 of the Civil Procedure Code, 1908: Embodies the principle that no order should be passed adversely affecting a person without giving them an opportunity to be heard (audi alteram partem).
The application of Order 1 Rule 10 CPC is crucial in ensuring that all necessary parties are included in a suit for effective adjudication. Landmark cases illustrate the court''s discretion in adding or removing parties while emphasizing the importance of necessary parties and the implications of misjoinder. Legal practitioners should carefully ...
Order 1 Rule 10 CPC provides a framework for the addition and deletion of parties in civil suits, emphasizing the necessity of having all relevant parties present for effective adjudication. Courts have broad discretion in this regard, but they must ensure that the rights of all parties are protected and that the proceedings are not hindered by ...
Rule 9 Order I of Code of Civil Procedure 1908 "Misjoinder and nonjoinder" No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it :
The court's power under Order 1, Rule 10 of CPC governs the addition of parties, emphasizing that the plaintiff, as the "dominus litus," cannot be compelled to litigate against an undesired party. However, the court, in ensuring a comprehensive resolution, may order the inclusion of necessary parties even without a formal application.
Order 1 Rule 10 of the CPC, empowers the Court to substitute a party in the suit who is a wrong person with a right person. If the Court is satisfied that, the suit has been instituted through a bona fide mistake, and also that it is necessary for the determination of the real matter in controversy to substitute a party in the suit, it may ...
