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 bone 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
(5) Subject to the provisions of the Indian Limitation Act,
1877 (15 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.
HIGH COURT AMENDMENT
KARNATAKA.—In Order I,
Rule 10, add the following as sub-rule (6):
“(6) The Court may on the application of any party
and after notice to the other parties affected by the application
and on such terms and conditions as it may impose transpose
a plaintiff to the position of a defendant or subject to the
provision of sub-rule (3), a defendant to the position of
a plaintiff. “(30.3.1967).