How can a person get Relief on the first date of civil matters with the help of order 1 rule 10 of CPC?

Order 1, Rule 10 of the Civil Procedure Code, 1908 (CPC), governs the procedure for adding or removing parties in a civil suit. It allows for the inclusion of necessary or proper parties and the removal of those improperly joined. A person can seek relief under this provision through the following steps:

1. Understanding the Scope of Rule 10

• Rule 10(1): Joinder of Parties
  This permits a plaintiff to join multiple parties in a suit if their presence is essential for the determination of the case.
• Rule 10(2): Addition or Removal of Parties
  The court has the authority to:
  • Add any person as a party whose presence is necessary for effectively deciding the case.
  • Strike out any party improperly joined.

2. Who Can Apply?

• Plaintiff: Can apply to add or remove parties.
• Defendant: Can request the removal of unnecessary parties or suggest the inclusion of others.
• Third Party: A person who believes they are a necessary or proper party but have not been included can apply to be added to the suit.

3. Procedure to Seek Relief

• Filing an Application:
  • Draft an application under Order 1, Rule 10 CPC, clearly stating the grounds for the request.
  • If seeking to add a party, explain why their inclusion is necessary for the determination of the case.
  • If seeking removal, specify why the party is improperly joined.
• Supporting Documents: Attach any evidence that supports the application.
• Court Hearing: The court will hear arguments from all affected parties before passing an order.
• Court’s Discretion: The court, after examining the application, may allow or dismiss it based on the relevance and necessity of the party in question.

4. Important Principles Considered by the Court

• Necessary Party: A person whose presence is essential for deciding the dispute.
• Proper Party: A person whose presence is not essential but is desirable for the effective resolution of the case.
• No New Cause of Action: Adding a party should not introduce a new cause of action.
• Non-Prejudice: The addition or removal of parties should not unduly prejudice existing parties.

5. Case Laws for Reference

• Kasturi v. Iyyamperumal (2005): The Supreme Court clarified that only necessary or proper parties should be added under Rule 10.
• Mumbai International Airport Pvt. Ltd. v. Regency Convention Centre (2010): Emphasized the need for balancing the inclusion of parties without complicating proceedings.

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