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O. 1 R. 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 through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.
(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent.
(4) Where defendant added, plaint to be amended.—Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant
(5) Subject to the provisions of the 1 [Indian Limitation Act, 1877 (XV of 1877)], section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.
HIGH COURT AMENDMENTS
Karnataka. Insert the following as sub-rule (6):
(6) The Court may on the application of any party and after notice to the other parties affected by the application and on such terms and conditions as it may impose transpose a plaintiff to the position of a defendant or subject to the provisions of sub-rule (3), a defendant to the position of a plaintiff.30-3-1967.
Himachal Pradesh. In O 1, r. 10, add the following as sub-rule (6):
(6) The Court may, at any stage of the proceedings, on the application of any party and after notice to the other party affected by the application and on such terms as may appear to the Court to be just transpose a plaintiff to the position of a defendant, or subject to the provisions of sub-rule (3), a defendant to the position of a plaintiff
Order passed in the application under Order 1 Rule 10 CPC is not appealable in terms of Order 43 Rule 1 CPC
Order passed in the application under Order 1 Rule 10 CPC is not appealable in terms of Order 43 Rule 1 CPC
Civil Procedure Code, 1908 (V of 1908) Order 1, Rule 10, Order 43, Rule 1 – Order passed in the application under Order 1 Rule 10 CPC is not appealable in terms of Order 43 Rule 1 CPC - No revision lies against an interlocutory order which does not finally decides the lis - The order can be challenged by way of petition under Article 227 of the Constitution of India. (201) PLR 074
Bonafide mistake
Bonafide mistake
Object of this rule is to discourage contests on technical pleas, and to save honest and bona fide claimants from being non-suited.
Rameshwaradas v. Purnachandra Rao, AIR 1958 AP 494; Paramasivam v. Adilakshmi, AIR 1953 Mad 618
Order cannot be termed as an interlocutory order
Order cannot be termed as an interlocutory order
Civil Procedure Code, 1908 (V of 1908) Order 1, Rule 10 – Order by the trial Court cannot be termed as an interlocutory order as the same has decided the right of the petitioner finally by concluding that he is not necessary and proper party in the suit - This fact if read in conjunction with the provisions of Order 43 Rule 1 CPC would show that the order is not appealable in nature – It can be concluded that revision petition under Article 227 of the Constitution of India is maintainable – Constitution of India, Article 227. (201) PLR 074
Stranger to the agreement/contract cannot be termed to be necessary party, nor proper party
Stranger to the agreement/contract cannot be termed to be necessary party, nor proper party
Suit for Specific Performance – Civil Procedure Code, 1908 (V of 1908) Order 1, Rule 10 – Scope of a suit for specific performance cannot permit third party claiming to be joint owner in the property in question - A stranger to the agreement/contract making a claim adverse to the title of the defendant by claiming right of co-sharership in the suit property cannot be termed to be necessary party, nor proper party for adjudication of the case on merits – Specific Relief Act, 1963 (47 of 1963) Section 19(b). (201) PLR 074
Property, in dispute, was purchased by the petitioner, during the pendency of the suit, he could not be said to be a bonafide purchaser, and such a sale, is hit by the doctrine of lis pendens - Application for impleading as necessary party - Dismissed - Order upheld – CPC Order 1 Rule 10.
2010 PLRonline 5955
CPC, Order 1 Rule 10 - Alienee - A decree passed in the suit during the pendency of which a transfer is made binds the transferee, his application to be brought on record should ordinarily be allowed .
2005 PLRonline 1272 (SC)
Suit for specific performance of agreement to sell
Suit for specific performance of agreement to sell
CPC O. 1 R. 10(2) - - Impleadment of transferee pending litigation – Not necessary - Immaterial whether alienee pendente lite had or had no notice of pending proceedings - Transferee pendente lite entitled to protect his interest by calling upon Court to award damages and not specifically enforce agreement to sell - Such transferee has no prior equity nor any preexisting right.
2008 PLRonline 2040 (Del.)
Purchaser of the suit property during the pendency of suit - As such they are bound by the decree - Death of Transferer of property - None of her legal representatives have come forward - Purchasers allowed to be impleaded as party - CPC Order 1 Rule 10, Order 22 Rule 10.
2008 PLRonline 5586
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