Section 79 of cpc
Daljit Singh Mann
(Querist) 23 April 2014
This query is : Resolved
Respected Advocates,
In a civil suit filed by a Government employee, The State was not been joined as party at the time of filing the suit but now, after the evidence and cross examination of both the parties when the suit is fixed for argument by the Hon'ble court, Ld. counsel for the plaintiff (Government employee) filed an aplication under order 1 rule 10 of CPC along with amended plaint impleading the State as party. My question is whether application under order 1 rule 10 of CPC is maintainable at this stage. Please suggest me any case law.
Thanks
Devajyoti Barman
(Expert) 23 April 2014
It is too late now.
Moreover if the suit is instituted after the year 2002 then amendment at this is not be allowed.
Rajendra K Goyal
(Expert) 24 April 2014
Not likely to succeed in the given circumstances.
For citation search indiankanoon.com.
P. Venu
(Expert) 24 April 2014
Order 1 Rule 10 provides for the the substitution or addition of any other person as plaintiff if the case has been instituted in the name of the wrong person as the plaintiff or where it it is doubtful whether it has been instituted in the name of the right plaintiff, through a bona fide mistake.
On the face of the facts, it appears that the suit has been instituted by a Government authority, not a Government servant. It is mandatory that in a suit by or against the Government, the authority to be named as the plaintiff or the defendant, as the case may be, is either the Union of India or the State. (Pl. see Section 79 & Order XXVII).
T. Kalaiselvan, Advocate
(Expert) 24 April 2014
In my opinion the provision of Order 1 rule 10 at this stage on the basis of the application to that effect after being allowed and the amendment to the plaint was carried out, it is very much maintainable. Mr.Venu has stated the provisions for the government to represent the case through government pleaders which has no relevance to the author's query.
