A plaintiff during an appeal asks for impleading a necessary party under order 1 rule 10. During trial the defendant in his written statement had raised objection that necessary party was not impleaded. All along the trial the plaintiff did not prefer for impleading the necessary party. Now the case is dismissed and the plaintiff has preferred an appeal for remand, and one of the grounds for the appeal is that the case was dismissed due to non-joinder of parties.
Can the plaintiff come to appeal on grounds that case was dismissed due to non-joinder of parties and also ask for impeading of that very party as a necessary party under order 1 rule 10?