Order 1 Rule 10 CPC

Querist : Anonymous (Querist) 29 May 2010 This query is : Resolved
In a dispute before Registrar of Cooperative societies, a member files dispute before Registrar. At this stage, another member files an Interlocutory application under/Order 1 Rule 10 CPC seeking court to join him as one among plaintiffs . Whether it is maintainable? As per my knowledge a third party can implead himself one among defendants but not as plaintiffs. He is at liberty to file separate dispute. Can any one through light on this matter? Pl suggest some citations?

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Devajyoti Barman (Expert) 29 May 2010
The court with or without application can add any party as plaintiff if is found that the said person was ought to have been joined or whose presence before the court is required so that all the question before it can properly be solved. So no separate suit is required to be filed for that person if fulfills the above criteria.
As it is a statutory provision , no citation is needed.