Order 1 Rule 10 CPC

Querist : Anonymous (Querist) 19 August 2010 This query is : Resolved
Whether an application by the defendant is maintainable against third party on the issue of non joinder (the plaintiff opposes it on the ground that it is his prerogative to state what suits him in the plaint and this application should not be allowed as it will prejudice his claim).

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Anonymous

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pawan sharma (Expert) 19 August 2010
It depand upone the fact of the case thet it was the partyas necessary or not.

Y V Vishweshwar Rao (Expert) 19 August 2010
1- I agree with Mr Pawan Sharma

2- If the Facts and circumstances of the case support the case of the Defendant , the Defendant can follow the procedure under Order VIII-A-Third party procedure- to fix suit liability on the Third Party or indemnity from Third Party.