A tenanted property was purchased in which an ejectment suit was pending before the civil judge at the stage of final hearing. The original plaintiff did not turn up,although the date was fixed as a last chance.
The purchaser, my father applied for inclusion of his name as plaintiff number.2 in the same case under order 22 rule 10 of the CPC.
The judge ordered substitution of plaintiff by removing the name of the ex-owner and directed to submit amended plaint by my father being the substituted plaintiff.
Please provide with Specific Case Laws in support of Substitution of Plaintiff by the transferee instead of Addition. Whether the defendant has any cause of action due to procedural mistake,if any ?
