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

CPC

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Explanation using Example

Imagine a scenario where Alice files a lawsuit against a construction company for damages related to a property dispute. However, she mistakenly names 'XYZ Constructions' as the defendant instead of the actual company 'ABC Constructions' that was involved in the dispute.

Upon realizing the mistake, the court, under Rule 10(1) of The Code of Civil Procedure, 1908, may allow Alice to correct the error by substituting 'ABC Constructions' as the defendant, since the suit was filed due to a bona fide mistake and the correction is necessary to resolve the actual matter in dispute.

Additionally, if duri...

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