Article written by Advocate Alpa Jogi on Order 1 Rule 10 of CPC
Order 1 Rule 10 of Code of Civil Procedure (herein after referred as C.P.C.) enables the court to add any person as party at any stage of the proceedings, if the person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions involved in the suit. Avoidance of multiplicity of proceedings is also one of the objects of the said provision.
It is a well settled principle of law that basically, it is for the plaintiff in a suit to identify the parties against whom he has any grievance and to implead them as defendants in the suit filed for necessary relief. He cannot be compelled to face litigation with the persons against whom he has no grievance. Where, however, any third party is likely to suffer any grievance, on account of the outcome of the suit, he shall be entitled to get himself impleaded. The question as to whether an individual is a proper or necessary party to a suit, would depend upon the nature of relief claimed in the suit and the right or interest projected by the persons, who propose to get themselves impleaded. No hard and fast rule can be weighed, that would cover a possible situation in this regard.
From the above discussion it can be concluded that, it is discretionary to grant a relief under Order 1 Rule 10 C.P.C. In exercising the direction the court will invariably take into account the wishes of the plaintiff before adding a third person as a defendant to his suit. Keeping in view of the above discussed basic principles, where the court finds that addition of the new defendant is absolutely necessary to enable it to adjudicate effectively and completely the matter in controversy between the parties, will it add a person as a defendant even without the consent of the plaintiff.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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