order 1 rule 10(2) of the civil procedure code...

Querist : Anonymous (Querist) 25 September 2010 This query is : Resolved
Plaintiff has filed a suit against me making certain allegation.... i appeared on behalf of defendant in the suit and filed application under order 1 rule 10(2) of the civil procedure code denying my role and hence my name be strike off from the suit and in the said application I also raised the plea that "x" person is party to the suit and not I.. in reply to the said application the plaintiff stated that not that " x" person but I am the party.. but on the next subsequent date plaintiff filed application order 1 rule 10(2) of the civil procedure code stating that defendant has raised the plea regarding adding that "x" person to be a party to the suit and so that "x" person be added to the suit .. but in the said case neither any averment/contention/dispute nor any type of relief is claimed against that "x" person... instead all of the contention/averment/dispute and all the relief are claimed against me i.e. defendant. can the plaintiff directly add that " X" person in the suit inspite there been no averment/contention/dispute nor any type of relief is claimed against that "x" person??? what is the excat procedure???

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R.Ranganathan (Expert) 25 September 2010
Can add "x" since you have asked the Plaintiff to add "x". It is upto the Plaintiff to claim relief against "x" or not. But you can prove yourself by filing written statement and then letting in evidence at the time of trial that you are not liable and ask for dismissal of the suit.

Querist : Anonymous (Querist) 25 September 2010
thanx.... in these circumstances he has to amend the suit or not???

s.subramanian (Expert) 25 September 2010
yes. I agree with Mr.Ranganathan. The plaintiff has to amend the suit mandatorily.

Querist : Anonymous (Querist) 25 September 2010
thanx once again sir.... it seems that amendment also necessary along with application or adding a party to the suit...

Devajyoti Barman (Expert) 25 September 2010
Yes, But without amendment also a party could be added if it is necessary for the effectively adjudicating the dispute. The provision is quite clear about the circumstances calling for addition of parties and it does not necessarily call for amendment of pleading.