Order 1 Rule 10 and land mark case

Order 1 Rule 10 

Order 1 Rule 10 :-  of the Code of Civil Procedure (CPC) deals with the addition and substitution of parties in a civil suit. Here's a breakdown of its provisions:Sub-rule

 (1): This allows the court to add or strike out any party at any stage of the proceedings. If the court finds that someone has been improperly joined as a party, or that someone should be added to the case to effectively adjudicate the issues involved, it can make such an order.Sub-rule.

(2): It allows the court to order that a person be added as a party if their presence is necessary for the court to completely and effectively adjudicate and settle all the questions involved in the suit.Sub-rule.

(3): This rule applies when someone applies to be made a party to the suit. If their application is accepted, they will be considered as a party to the suit from the date of the application.Sub-rule.

(4): Provides that no person shall be added as a plaintiff without their consent.In essence, Order 1 Rule 10 CPC gives the court flexibility to ensure that all necessary parties are included in the suit so that it can be resolved justly and comprehensively.

there are several landmark cases related to Order 1 Rule 10 of the CPC.

One notable case is Razia Begum v. Sahebzadi Anwar Begum (1959 AIR 886, 1959 SCR Supl. 

(1) 1111). Here are the key points from this case:Razia Begum v. Sahebzadi Anwar BegumFacts: Razia Begum filed a suit for a declaration that she was the legally wedded wife of one Mohd. Ibrahim, who had died. 

During the proceedings, Sahebzadi Anwar Begum applied to be added as a party, claiming she was the legally wedded wife of Mohd. Ibrahim and had a direct interest in the suit.Judgment:

 The Supreme Court held that a person seeking to be added as a party under Order 1 Rule 10 must have a direct interest in the subject matter of the suit, which would be affected by the outcome of the case. 

The court stated that the interest must be a legal interest and not merely a commercial or pecuniary interest.Key Principles:The addition of parties should not alter the original cause of action or relief claimed.

The person to be added must have a direct and legal interest in the controversy involved in the suit.The presence of the party must be necessary for the complete and effective adjudication of the issues involved.

This case is often cited for its detailed examination of the principles governing the addition of parties under Order 1 Rule 10 CPC.

In this article it shows that order 1 Rule 10 is playing significant part in the court process of Civil matter court has the power to add or to remove as party from the case. But supreme had also issue some guidelines for the process or this order that there should be Direct and legal  interest or not Hon'ble court also mentioned that the presence is must for any suit..