Rule 10 of CPC : Rule 10: Suit In Name Of Wrong Plaintiff

Explanation using Example

Example Application of Rule 10 of The Code of Civil Procedure, 1908

Imagine a situation where Mr. Sharma files a lawsuit against a construction company for damages due to faulty construction work. However, he mistakenly names "XYZ Constructions" as the defendant instead of the correct entity "ABC Builders". As the case progresses, it becomes evident that the wrong company has been sued.

In this scenario, the court, upon realizing the mistake, may apply Rule 10(1) to substitute "ABC Builders" as the correct defendant in place of "XYZ Constructions" since the suit was instituted through a bona fide mistake.

Furthermore, suppose it comes to light that the architect who designed the faulty structure is also partly responsible for the damages. The court can invoke Rule 10(2) to add the architect as an additional defendant to ensure that all parties responsible are present in the lawsuit and a comprehensive resolution can be achieved.

Additionally, Rule 10(4) would require that the plaint be amended to reflect the addition of the new defendant, the architect, and that amended summons and plaint copies be served accordingly.

Finally, according to Rule 10(5), the proceedings against the newly added architect would be considered to have commenced from the date they are served with the summons, respecting the provisions of the Limitation Act, 1963.