O 1 r 10

Querist : Anonymous (Querist) 29 November 2011 This query is : Resolved
The suit is for declaration and injunction. In written statement non joinder of parties was one of the priliminary objection. CASE IS AT THE STAGE of evidence, the plaintiff examined himself and 3 withness and now he has filed application under o 1 r 10. can this application be granted after 7 years of filing of teh suit? if no are there any judgement in support thanks.

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adv. rajeev ( rajoo ) (Expert) 29 November 2011
Normally application will be allowed.

Devajyoti Barman (Expert) 29 November 2011
If the court finds that the party to be added is a necessary party without whom no substantive justice could be done, the court would allow the prayer.

Kiran Kumar (Expert) 29 November 2011
if the said party is necessary party then you must move an application under O.1 R.10

though the trial has started but still it is at initial stage, so the court will not be harsh at this stage.

keep in mind, in case the pleadings are also to be changes after impleading the other person as party then you will have to seek relief under O.6 R.17 also.

prabhakar singh (Expert) 29 November 2011
The underlying theme behind joining a party in the suit is that if no effective and substantive adjudication of the suit can take place without the party sought to be impleaded,the court shall allow or order the impleadment because at every cost the esprit of justice is to pass effective decrees doing substantive justice and to avoid multiplicity of proceedings at every cost for good health of administration of justice.

About delay and stage it has been always a rule that "cost is the panacea which heals every sore in litigation"

M.Sheik Mohammed Ali (Expert) 29 November 2011
yes, i do agree

H. S. Thukral (Expert) 29 November 2011
If Mr. M. Shiek M. Ali 'do agree' with all the experts including Mr. Prabhakar then there is no doubt left.
Mr. Prabhakar has replied elaborately and only I modify on the delay in filing the application part.
The said provision is subject to the other provisions contained therein as also Section Section 21 of Limitation Act, 1963.

kuldeep kumar (Expert) 29 November 2011
"cost is the panacea which heals every sore in litigation" very good lines by mr singh

Rajeev Kumar (Expert) 29 November 2011
Only Prabhakar sir and Thukral has given satisfactory reply. Prabhakar sir last line 'cost is panacea which heals every sore in the litigation' is the essence of his reply.

V R SHROFF (Expert) 01 December 2011
Application under O1 R 10 deserved to be allowed, at any stage, never mind 7 years,
if court satisfied it was bonafide mistake.

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