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

Explanation using Example

Imagine that Alice files a lawsuit against a construction company for damages to her property, but she mistakenly names the parent company instead of the actual subsidiary that did the work. During the proceedings, it becomes apparent that the wrong entity is named as the defendant. Applying Rule 10(1) of The Code of Civil Procedure, 1908, the court may allow Alice to correct her mistake and substitute the subsidiary as the defendant in the interest of resolving the real matter in dispute.

Further, suppose that during the lawsuit, it is discovered that Bob, the contractor who directly oversaw the construction work, should have been included as a party in the lawsuit. Under Rule 10(2), the court may add Bob as a defendant so that all parties involved in the issue are present and the court can effectively settle the questions involved in the case.

However, if Bob is a minor and cannot be sued without a guardian, Rule 10(3) ensures that he cannot be added as a defendant without the consent of his legal guardian, who would act as his next friend in the suit.

Once Bob is added as a defendant, Rule 10(4) requires that the original legal document (plaint) filed by Alice be amended to include Bob's name, and new summonses must be served to both Bob and the subsidiary, ensuring that all parties have the correct information about the lawsuit.

Finally, according to Rule 10(5), the proceedings against Bob, the newly added defendant, are considered to have started only when he is officially served with the summons, which is relevant for determining any issues related to the statute of limitations for the lawsuit.