prem kumar (business) 18 December 2011

Civil procedure code, 1908, order 1 - rule 10(2), 9

Civil Procedure Code, 1908, Order 1 - Rule 10(2), 9 - Impleading of a party - Plaintiff when seeks impleading a person as a defendant on the ground that he is a necessary party Court may implead him - If claim against such person is barred by limitation, it may refuse to add him as a party and even dismiss the suit for non joinder of a necessary party.

What does supremete court say about this?

Could you provide any latest judgement of Suprement Court of India on this,and also explain the same?

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3 Replies

Shantanu Wavhal (Worker) 25 December 2011

i am also looking for the same answer.

VINAYAGAMOORTHY (Chief Executive Officer) 18 January 2012

if it is not barred by order 2 rule 2. remedy verymuch available under order 10(2) .if negatived in lower court C.R.P. available for reasonable cause .

kvss.prabhakar rao (Advocate ) 04 February 2012

If it the party who is going to impleade must be necesaryparty . Necesary party means the court could not decide the suit unless the necessary party impleads. In such case suit may dismiss the non joinder of necessary party.If the claim agsint is barred by limitaion you may loose your case. .

Unlike Mr Vinyagamoorhty siad. OR 2 RULE 2 is not applicable to your case. Or 2 Rule2 when a suit is filed all claims must prayed in that suit. Suppose on prayer was not claimed and suit filed and decided. Now anohter suit is not maintainble hit by Or 2- R-2