Maya files a suit in Court A for the recovery of money from Neha. During proceedings, Neha requests that Seema be added as a defendant, claiming Seema is liable. Maya objects. The Court reviews the application and decides Seema should be included as a defendant. Which principle of CPC is applied?
Explanation & Strategy
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Order I Rule 10 is the specific provision for adding or substituting parties during pending proceedings. The court can add a party even over the plaintiff's objection if that party's presence is necessary for complete adjudication. This is distinct from Order 6 Rule 17 (amendment of pleadings content, not parties), Order 7 Rule 11 (rejection of plaint), and Order 5 (summons). The test is whether the proposed party is 'necessary' or 'proper' for deciding the real controversy.
The text reads: Order I Rule 10 CPC: The Court may at any stage order that the name of any party improperly joined be struck out, and that the name of any person who ought to have been joined be added.
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