1985 (4) TMI 342 - HC - Indian Laws

Summary

Issues:
1. Application under Order 1 Rule 10(2) of the Code of Civil Procedure for striking out the name of defendant No. 2 from the plaint.

Analysis:

1. The revision under Section 115 of the Code of Civil Procedure challenged the judgment rejecting the petitioner's application under Order 1 Rule 10(2) of the Code. The plaintiff filed a suit for damages against two defendants, alleging humiliation and seeking Rs. 50,000 in damages against defendant No. 1 only. The petitioner, defendant No. 2, sought to have its name struck out from the plaint as it was improperly joined. The trial court rejected the application, prompting the revision.

2. The petitioner argued that the trial court erred in rejecting the application, contending that defendant No. 2 was improperly joined as a party. The relevant provision, Order 1 Rule 10(2) of the Code, allows the court to strike out any party improperly joined at any stage of the proceedings. The key issue was whether defendant No. 2 was improperly joined, as there were no allegations or claims against it in the plaint.

3. The trial court's rejection was based on the timing of the application, deeming it improper. However, the law allows such applications at any stage, even before the filing of a written statement. In this case, it was crucial to determine if defendant No. 2 was improperly joined. The plaintiff's prayer only sought damages against defendant No. 1, with no mention of defendant No. 2, indicating improper joinder.

4. The court examined precedents cited by the plaintiff but found them irrelevant to the current case. Ultimately, it held that defendant No. 2, International Air Transport Association, was improperly joined and ordered its name to be struck out from the plaint. The revision petition was accepted, setting aside the trial court's order and awarding costs.

5. In conclusion, the High Court allowed the revision petition, emphasizing the importance of proper joinder of parties in legal proceedings. The judgment clarified the application of Order 1 Rule 10(2) of the Code and highlighted the necessity of aligning parties with the relief sought in the plaint to ensure a fair and just adjudication of the matter.