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

Explanation using Example

Imagine Jane files a lawsuit against a construction company for damages caused to her property during their work. However, she mistakenly names XYZ Construction as the defendant instead of ABC Construction, the company that actually did the work. As the case proceeds, it becomes evident that XYZ Construction is the wrong party.

The Court, upon realizing the mistake and acknowledging that Jane's claim was made in good faith, may apply Rule 10(1) of The Code of Civil Procedure, 1908, to substitute ABC Construction as the defendant in place of XYZ Construction. This change would allow the real matter in dispute to be properly addressed.

Additionally, if the Court finds that the owner of the property adjacent to Jane's, who may have also suffered damage, should have been included in the suit for a comprehensive resolution, Rule 10(2) could be used to add the neighbor as a co-plaintiff or a separate defendant, ensuring all related issues are settled in one lawsuit.

Furthermore, if it's discovered that a minor's property is also affected and the minor needs to be represented in the lawsuit, Rule 10(3) ensures that the minor is not added without the consent of their next friend or legal guardian.

Finally, once ABC Construction is added as the defendant, Rule 10(4) requires Jane to amend her initial complaint to reflect this change, and new copies of the legal documents must be served to both the original and new defendants, allowing ABC Construction to respond to the allegations.