Application Under Order 1 Rule 10 C.P.C in Pakistan

 

Order 1 Rule 10 of the Code of Civil Procedure (C.P.C) in Pakistan deals with the power of the court to strike out or add parties to a lawsuit. This rule provides the court with the authority to make necessary amendments to the parties involved in a case in order to ensure that all relevant parties are properly represented and that justice is served.

Under Order 1 Rule 10, the court has the discretion to strike out any party from a suit if it is satisfied that:

1. The presence of that party is not necessary for the determination of all the questions involved in the suit, or
2. That party is not a proper or necessary party to the suit.

The court may also add any person as a party to the suit if it considers that their presence is necessary for the complete and effective adjudication of all the issues involved.

The purpose of this rule is to enable the court to effectively and efficiently resolve disputes by ensuring that all relevant parties are included in the proceedings. It allows for flexibility in joining or removing parties as per the requirements of each case, thereby preventing unnecessary delays and ensuring a fair and just resolution.

The application under Order 1 Rule 10 C.P.C can be made by any party to the suit or even by a person who is not yet a party but seeks to be added as one. The application must be supported by an affidavit stating the grounds on which it is made. The court will then consider the application and may pass an order either striking out or adding parties as deemed appropriate.

It is important to note that while Order 1 Rule 10 grants discretionary power to the court, it must exercise this power judiciously and in accordance with established legal principles. The court should consider factors such as whether the presence of a particular party is necessary for a complete adjudication, whether their absence would result in an incomplete or ineffective decision, and whether adding or striking out a party would cause prejudice to any of the existing parties.

In summary, Order 1 Rule 10 C.P.C in Pakistan empowers the court to strike out or add parties to a lawsuit in order to ensure that all relevant parties are properly represented and that justice is served. The court has the discretion to make necessary amendments to the parties involved in a case based on the requirements of each individual case.

Click Here To Download