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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order I: Parties To Suits

Order I Rule 10 CPC: Suit in name of wrong plaintiff

Bare Act text

10. Suit in name of wrong plaintiff.—(1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.

(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.

(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent.

(4) Where defendant added, plaint to be amended.—Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant.

(5) Subject to the provisions of the [Indian Limitation Act, 1877 (XV of 1877)], section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.

Amendment notes

  1. See now the Limitation Act, 1963 (36 of 1963), s. 21.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a suit is filed in the wrong plaintiff's name, or it is doubtful whether the plaintiff is right, the Court may at any stage substitute or add another plaintiff if satisfied that it was a bona fide mistake and the change is necessary to decide the real dispute. The Court may also strike out improperly joined parties and add necessary parties. No one may be added as plaintiff without consent. Where a defendant is added, the plaint is amended and served, and proceedings against him are deemed to begin on service of summons.

Order I: Parties To Suits

  1. 1 Who may be joined as plaintiffs
  2. 2 Power of Court to order separate trial
  3. 3 Who may be joined as defendants
  4. 3A Power to order separate trials where joinder of defendants may embarrass or delay trial
  5. 4 Court may give judgment for or against one or more of joint parties
  6. 5 Defendant need not be interested in all the relief claimed
  7. 6 Joinder of parties liable on same contract
  8. 7 When plaintiff in doubt from whom redress is to be sought
  9. 8 One person may sue or defend on behalf of all in same interest
  10. 8A Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings
  11. 9 Misjoinder and non-joinder
  12. 10 Suit in name of wrong plaintiff
  13. 10A Power of Court to request any pleader to address it
  14. 11 Conduct of suit
  15. 12 Appearance of one of several plaintiffs or defendants for others
  16. 13 Objections as to non-joinder or misjoinder
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