Order 22 order 3
Susmita
(Querist) 11 August 2014
This query is : Resolved
One party substitute Plaintiff a person in partition suit. the said person is not the legal heir of plaintiff but a purchaser of his property. Whether that person can be substitute in place of Plaintiff as he is a stranger under Order 22, Rule 3 c.p.c or whether it should be added under Order 1 rule 10 c.p.c. whether it can be challenged?
Devajyoti Barman
(Expert) 11 August 2014
unless he shows any interest it can not say whetehr he can be added or not.
T. Kalaiselvan, Advocate
(Expert) 17 August 2014
The provisions of Order 22 Rule 3 is WHEN THE PLAINTIFF DIED IN A PENDING SUIT, THE LEGAL HEIRS ARE TO BE BROUGHT AS PLAINTIFFS IN THE ABOVE SUIT WITHIN 90 DAYS FROM THE DATE OF THE DEATH OF PLAINTIFF.
The provisions ofO1R10 is :
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 bone 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.
In the same rule subsection 3 says:
(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.
Now you can weigh the probabilities of correct provision of law.
Susmita
(Querist) 19 August 2014
yes sir, Thank you for your kind suggestion. now clear that, the person can be added under o.1 rule 10 only.
