Order 1 Rule 10 CPC

Order 1 Rule 10 CPC or  Code of Civil Procedure, 1908 (in short, ‘CPC’),  is a provision for adding or removing a party to a suit and the object is for proper adjudication of the dispute at hand. It is well settled law that plaintiff is the “dominus litus”  a  latin maxim which essentially means  “master of suit”. It is so because it is the plaintiff who approaches the court for his relief and so has an edge in proceedings as it is  believed that the plaintiffs have approached the court with clean hands. Therefore there is a huge burden on the Plaintiff to prove his case.

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The Hon’ble Supreme Court in Sudhamayee Pattnaik and Others versus Bibhu Prasad Sahoo and Others in CIVIL APPEAL NO. 6370 OF 2022 dated SEPTEMBER 16, 2022 has categorically stated that

“As per the settled position of law, the plaintiffs are the domius litis. Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs”

Order VI Rule 17 of the CPC

The Provision of Order 6 Rule 17  of the Code of Civil Procedure, 1908 (in short, ‘CPC’) provides for amendment of pleadings. Very recently the Hon’ble High Court in NITIKA TALWAR vs DINESH TALWAR  in its Judgment passed on 08.11.2023 in  C.R.P. 263/2023 while  dealing with the provisions of Order 1 rule 10 CPC and Order 6 Rule 17 CPC , in this case the husband before the Family court had filed an application under Order 1 rule 10 CPC for impleadment of another respondent , the same was allowed by the Family Court. However the Hon’ble High Court set aside the order of the family court   which allowed  the Respondent No 2 to be impleaded. The Hon’ble High Court in para 4 of its judgment has held that “Without prejudice to the rights and contentions of the rights of
the respondent herein, the learned counsel for the respondent,
however, fairly admits that the proper course for the learned
Family Court was to seek an application from the respondent
under Order VI Rule 17 of the CPC before adjudicating on the
application under Order I Rule 10 of the CPC to implead
Mr.Ritesh Rai as a party respondent in the Divorce Petition.”

The hon’ble High Court  also granted liberty to file an application under Order VI Rule 17 of the CPC seeking an amendment to his Divorce Petition

Conclusion

It can therefore be concluded that prior to impleadment it is necessary to amend the pleading to establish that the impleadment is necessary for proper adjudication of the case. For more information kindly click here

You may also call at 9873628941 and speak with Shri Tapan Choudhury, Advocate-On-Record , Supreme Court of India