Where defendant added, plaint to be amended. of CPC : Where defendant added, plaint to be amended.

Explanation using Example

Example 1:

Scenario: Ramesh files a lawsuit against Suresh for breach of contract in a civil court in Mumbai. During the proceedings, Ramesh realizes that another party, Mahesh, is also responsible for the breach and should be added as a defendant.

Application of the Act:

1. Adding Mahesh as a Defendant: Ramesh requests the court to add Mahesh as a defendant in the case.
2. Amending the Plaint: The court agrees and directs Ramesh to amend the plaint to include Mahesh's details and allegations against him.
3. Serving Amended Documents: Ramesh amends the plaint and serves the amended copies of the summons and the plaint to Mahesh. The court may also direct that the amended documents be served on Suresh (the original defendant).
4. Proceedings Against Mahesh: According to the act, the legal proceedings against Mahesh are considered to have started only when he is served with the summons.

Example 2:

Scenario: Priya files a property dispute case against her neighbor, Anil, in a civil court in Delhi. During the trial, it is discovered that Anil's brother, Sunil, also has a significant interest in the disputed property and should be included as a defendant.

Application of the Act:

1. Adding Sunil as a Defendant: Priya petitions the court to add Sunil as a defendant in the property dispute case.
2. Amending the Plaint: The court grants the petition and instructs Priya to amend the plaint to include Sunil's involvement and claims regarding the property.
3. Serving Amended Documents: Priya amends the plaint and serves the amended copies of the summons and the plaint to Sunil. The court may also decide that the amended documents should be served on Anil (the original defendant).
4. Proceedings Against Sunil: As per the act, the legal proceedings against Sunil are considered to have commenced only when he receives the summons.

Example 3:

Scenario: A company, XYZ Ltd., files a lawsuit against a contractor, ABC Constructions, for poor quality work in a civil court in Bangalore. During the case, XYZ Ltd. discovers that a subcontractor, DEF Services, was also involved in the poor quality work and should be added as a defendant.

Application of the Act:

1. Adding DEF Services as a Defendant: XYZ Ltd. requests the court to add DEF Services as a defendant in the lawsuit.
2. Amending the Plaint: The court agrees and directs XYZ Ltd. to amend the plaint to include DEF Services' role and allegations against them.
3. Serving Amended Documents: XYZ Ltd. amends the plaint and serves the amended copies of the summons and the plaint to DEF Services. The court may also direct that the amended documents be served on ABC Constructions (the original defendant).
4. Proceedings Against DEF Services: According to the act, the legal proceedings against DEF Services are considered to have started only when they are served with the summons.