CPC (Civil Procedure Code, 1908 ) CPC -Orders and Rules Order 1 Rule 10

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

Mistake made foolishly or carelessly but honestly

Where a receiver filed a suit after his receivership had terminated, held that the true owners are entitled to continue with the suit, as the receiver had acted bona fide at the time of instituting the suit.

Karri Somalu v. Venkarswamy, (1963) 2 Andh WR 138

Suit instituted in the name of person who had no competence to file the suit

Even if the suits had been instituted in the name of person who had no competence to file the suit, the court should set right matters by ordering the additions or substitution of the proper plaintiff for ensuring the due dispensation of justice.

1984 SCeJ 002 Bal Niketan Nursery School vs Kesari Prasad on 15 July, 1987

Benamidar

X filed a suit on a mortgage in his favour, Y claimed that he was the real mortgagee and that X was only a benamidar for him - Impleaded as a co-plaintiff.

Dinanath Kumar v. Nishi Kanta Kumar, AIR 1952 Cal 102

Contrary : Suit for specific performance - Person alleging that the defendant is the benami owner and that applicant himself is the real owner of the property is not entitled to impleadment.

Hridaya Narayan Singh v. Hira Lal, AIR 1995 All 298

Suit was instituted in the name of the firm - mis-description

A suit was instituted in the name of the firm by the partners doing business outside India. It was held that there was only mis-description of the plaintiff. The plaint in the name of the firm was not a nullity and could be amended by substituting the names of partners.

1960 SCeJ 001 Purushottam & Co. v. Manilal & Sons, AIR 1961 SC 325, (1961) SCR 982 : (1961) 1 SCJ 283 : (1961) 1 SCA 293