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Transposition Of Parties Under Crpc

Order 1 Rule 10 of the CPC enables the Court to add any person as a party at any stage of the proceedings, if the person whose presence in Court is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit.

Avoidance of multiplicity of proceedings is also one of the objects of the said provision. Order 1 Rule 10 of the CPC, empowers the Court to substitute a party in the suit who is a wrong person with a right person. If the Court is satisfied that, the suit has been instituted through a bona fide mistake, and also that it is necessary for the determination of the real matter in controversy to substitute a party in the suit, it may direct it to be done.

When the Court finds that, in the absence of the persons sought to be impleaded as a party to the suit, the controversy raised in the suit cannot be effectively and completely settled, the Court would do justice by impleading such persons. Order 1 Rule 10(2) of the CPC gives wide discretion to the Court to deal with such a situation which may result in prejudicing the interests of the affected party if not impleaded in the suit, and where the impleadment of the said party is necessary and vital for the decision of the suit.

There is no bar for filing the application under Order 1 Rule 10 of CPC, even when the application under Order 22 Rule 4 of the CPC was dismissed as not maintainable under the facts of the case. The legal heirs of the deceased person in such a matter can be added in the array of parties under Order 1 Rule 10 of the Code read with Section 151 of the Code subject to the plea of limitation as contemplated under Order 7 Rule 6 of the Code and Section 21 of the Limitation Act, to be decided during the course of trial.

The transposition of a defendant as plaintiff is permitted to be made only in two happenings. It is well settled that the Court has power under Sub-rule (2) Order 1, Rule 10, CPC to transfer a defendant to the category of plaintiffs and where the plaintiff agrees, such transposition should be readily made.

In the matter of: Anil Kumar Singh V/s Shivnath Mishra, (1995) 3 SCC 147, it was held that, the object of Rule 10 of Order I of the CPC is to bring on record all the persons who are parties to the dispute relating to the subject-matter so that the dispute may be determined in their presence at the same time without any protraction, inconvenience and to avoid multiplicity of proceedings.

This Court in the case of Karuppaswamy and Ors. v. C. Ramamurthy, has permitted the Plaintiff to modify the application filed by him under Order 22 Rule 4 of the CPC, to make it an application under the provisions of Sections 151 and 153 of the CPC. In the said matter also the suit was filed against a dead person. This Court proceeded further to conclude that the Plaintiff has shown good faith as contemplated Under Section 21(1) of Limitation Act and hence the impleadment of the legal representatives/heirs must date back to the date of the presentation of the plaint.

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