Maya files a suit in Court A for the recovery of a sum of money from her neighbour, Neha. During the…
"Order 1, Rule 10 – Joinder and Substitution of Parties" lets the court, at any stage, add a person whose presence is necessary to enable it effectually and completely to…
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Maya files a suit in Court A for the recovery of a sum of money from her neighbour, Neha. During the proceedings, Neha requests that a third party, Seema, be added to the suit, as Seema is allegedly liable for the debt. Maya objects, claiming that Seema is not a necessary party. Court A then reviews the application and decides that Seema should indeed be included as a defendant. Which principle of the CPC is applied in this situation?
Answer and explanation
Correct answer A
"Order 1, Rule 10 – Joinder and Substitution of Parties" lets the court, at any stage, add a person whose presence is necessary to enable it effectually and completely to adjudicate the questions in the suit, or strike out a party improperly joined. The court assesses necessity or propriety itself, which it did here in adding Seema despite Maya's objection.
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