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

CPC

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Explanation using Example

Imagine a situation where Alice files a lawsuit against a construction company for damages caused to her property due to their work. However, she mistakenly sues 'XYZ Constructions' instead of the actual company responsible, 'ABC Constructions'. After the proceedings begin, it becomes evident that 'XYZ Constructions' is the wrong defendant.

Under Rule 10(1) of The Code of Civil Procedure, 1908, the court, realizing that Alice made a bona fide mistake, may allow her to correct the error and substitute 'ABC Constructions' as the defe...

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