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

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 defendant to ensure the real matter in dispute is resolved.

Similarly, if during the lawsuit it's discovered that the real estate developer who contracted 'ABC Constructions' should also be a party to the suit, the court can use Rule 10(2) to add the developer as a defendant to completely settle all questions involved in the suit.

Furthermore, if the court decides to add the developer as a defendant, Rule 10(4) mandates that Alice must amend her plaint to include the new defendant, and the court will ensure they receive the summons and an amended copy of the plaint.

Lastly, according to Rule 10(5), the proceedings against the newly added defendant, the real estate developer, will be considered to have started only when they are served with the summons, not from the date the original suit was filed.