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Introduction:

When a lawsuit is filed in court, the attorney or even the person that requested the lawsuit may not be familiar with all of the parties involved. Therefore, in order to obtain relief, you must join the other parties that are harmed as a plaintiff or defendant (as the case may be). The purpose of this clause, Order 1 Rule 10 of the CPC, is to protect honourable litigants who really believe their claims are maintainable from having their cases dismissed on a technicality because the necessary persons were not impleaded in the lawsuit.

The Code of Civil Procedure's Order 1 addresses the parties to the lawsuit. The court may add or substitute the following under Order 1 Rule 10 of the Code of Civil Procedure (hereafter referred to as CPC):

  • Anyone may participate in the proceedings as a party at any time.
  • the individual who must appear before the court in order for it to fully and properly hear, decide, and resolve all of the issues raised by the case

It is a widely accepted rule that the party with whom the plaintiff has a dispute must be joined as defendants in the lawsuit filed to obtain the requisite remedy. He cannot be forced to go to court with people he has no disagreements with.

Necessary Party

A person is an essential party if the relief sought in the lawsuit cannot be granted without them. A required party is someone who cannot be passed an effective order without and against whom remedy is sought.

The Hon'ble Apex Court established two criteria that must be met in Kasturi v. Uyyamperumal and others (2005) 6 SCC 733 for assessing who qualifies as an essential party:

  • There must be a legal basis for seeking relief from such party on the disputes at issue in the proceedings,
  • In the absence of such a party, no effective decree may be issued.

Proper Party

Proper parties are those whose attendance may be required in order to fully decide the issues raised by the lawsuit.

The following two grounds may be used to exercise the aforementioned power:

  • Such person should have been joined but is not, either as a plaintiff or a defendant; or
  • Without whose presence, the lawsuit's central issue cannot be successfully and definitively resolved.

What situations fall under the purview of Order 1 Rule 10 CPC?

  • Implementation is permitted in all legal actions brought before an appropriate court of law in accordance with the applicable CPC provision. For your reference, the following are some specific cases: -
  • Implementation in issues involving public charities and trusts - Just like in any other suit, a court may add a party as a defendant in a lawsuit brought under Section 92 of the CPC (Public Charities/Trusts). Order 1, Rule 10 of the CPC governs its power to sue.
  • Application in a partition case - The dominus litus principle is not precisely relevant in a partition lawsuit because both the plaintiff and the defendants will be sharers and each party will be in the plaintiff's position.
  • Application in a particular performance suit - There are no set standards for where to implead a person as a necessary or appropriate party in particular performance suits. Everything relies on the facts of the case and the court's reasonable discretion.
  • For instance, it has been determined that the Muthavalli and the Board are both necessary parties in the suit where the suit property was already gifted by the owner by registered wakf deed for religious and charitable purposes, the Muthavalli has also been appointed by the said deed, and the wakf board has already taken possession.
  • Who to name as a party in an execution petition Order 1 Rule 10 of the CPC solely applies to lawsuits. The execution proceedings are not subject to the Order 1 Rule 10 of CPC's implementation restrictions. If there are any aggrieved parties, they must proceed in accordance with Order 21 (Execution of Decrees), notably Rules 58 (Adjudication of Claims) and 101 (Questions to be resolved by a Court in Execution of Decrees) of CPC.
  • Application of Special Acts - The criteria of Order 1 rule 10 of the CPC, which is a general process, apply when pleading a party. When a procedure is specified in a particular statute, this general procedure would not be applicable. for instance, the Land Acquisition Act and Elections Law.
  • If a party is dead, who should you accuse - The CPC's Order 1 Rule 10 does not address the replacement of a deceased party's legal representatives. It just gives the court the ability to introduce a party as required or appropriate at any point in the litigation.
  • The right for parties to list the heirs and legal representatives of a deceased party is granted under Order 21 Rule 4 of the CPC. The lawsuit must cease and abate if the plaintiff's right to sue is not upheld.

An appeal concerning Order 1 Rule 10 of the CPC:

The provisions of Order 1 Rule 10 of the CPC controlling the impleadment process are appealable. Any party who has filed an impleadment application pursuant to Order 1 Rule 10 of the CPC and is unhappy with the impleadment, or who has filed an impleadment application but was unsuccessful in obtaining the desired party implead, may appeal to a higher court for such relief.

Conclusion:

Order 1 Rule 10 CPC's provisions are exceedingly broad, and the court's authority is also very broad. The court may order that the name of any party who should have been added to the proceedings, whether as a plaintiff or defendant, or whose presence before the court may be required in order to enable the Court to effectively and fully decide and resolve all the issues raised by the suit, be added even without an application to be impleaded as a party.
 


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