Question

Maya files a suit in Court A for the recovery of a sum of money from her neighbour, Neha. During the proceedings, Neha requests that a third party, Seema, be added to the suit, as Seema is allegedly liable for the debt. Maya objects, claiming that Seema is not a necessary party. Court A then reviews the application and decides that Seema should indeed be included as a defendant. Which principle of the CPC is applied in this situation?

• A. Order 5 - Service of Summons
• B. Order 6, Rule 17 - Amendment of Pleadings
• C. Order 1, Rule 10 - Joinder and Substitution of Parties
• D. Order 7, Rule 11 - Rejection of Plaint

Hint:

Courts can add necessary parties at any stage of proceedings under Order 1, Rule 10 to ensure fair and complete justice.

Answer 1

The Correct Option is C

Step 1: Understanding the situation.
This situation involves the inclusion of a third party (Seema) as a defendant in an ongoing case. The issue is whether the third party is necessary for proper adjudication.
Step 2: Relevant provision.
Order 1, Rule 10 of the Code of Civil Procedure (CPC) deals with the “Joinder and Substitution of Parties.” It allows the court to add or strike out parties to ensure complete and effective adjudication of all issues.
Step 3: Conclusion.
Therefore, the correct principle applied is “Joinder of Parties” under Order 1, Rule 10 of CPC.