Can a Defendant Be Added as a Plaintiff in India?

It further orders and decrees that " the defendant and added defendant be ejected from the land described in the annexed schedule and the plaintiff and the added plaintiffs be put, placed, and quieted in possession thereof ". ... defendant and defendant. ... The plaintiff and the added plaintiffs amended their plaint and the trial was resumed. The learned District ....

The application to discharge the 3rd defendant appears to be bona fide and there is nothing to prevent the present petitioner being added as a party under Section 18". ... be necessary to adjudicate upon and settle all the questions involved in the action, be added. ... Initially the 3rd defendant was discharged on the basis that the 2nd defendant was the registered owner Subsequently the plaintiff a....

The application to discharge the 3rd defendant appears to be bona fide and there is nothing to prevent the present petitioner being added as a party under Section 18".  ... the court may be necessary to adjudicate upon and settle all the questions involved In the action be added. ... The 3rd defendant though wrongly named filed answer denying liability. Initially the 3rd defendant was discharged on ....

2023 Supreme(SRI)(SC) 20814

It was stated therein that the Added-Respondent, being the “current owner of the bus”, should be added as a party. ... The Added-Respondent had acquired ownership to the disputed passenger bus from its duly registered owner, the Defendant-Petitioner- Respondent, who had a Judgment of an appellate Court in his favour at that point of time. ... the irregularity of the Judgment of the original Court by the Defendant....

2025 Supreme(Online)(Cal) 3067

as a defendant to the suit. ... On behalf of the defendant no.3 it is submitted that the defendant has no locus to file and maintain this application and is also not a necessary and proper party to this suit for which the applicant can be added either as a co-plaintiff or ... The Court : This is an application by a non party to the suit for being added as a co-plaintiff. Affidavit-in-opposition on behalf....

2023 0 Supreme(Cal) 1578

Subsequently, the defendant no.1 stopped appearing before the learned Trial Court and on November 30, 2021 Om Prakash Agarwal filed an application for addition of party in the said suit followed by the application under Order I Rule 10 of the Code of Civil Procedure filed by the added defendant no. 3 ... Paul, learned counsel, representing the added defendant / opposite party no. 2. 6. Assailing the order....

2023 0 Supreme(Del) 433

(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 ... Ajit Nair, learned counsel appearing for the petitioner/defendant No.4 submits that the language of Order....

2025 Supreme(Online)(Bom) 201097

I have heard the learned Counsel and I am of the view that until this Application is fully heard, for now the Defendant No. 2 be added as party to the Suit. 6. Let the addition of the Defendant No2 as well as consequential amendments be carried out forthwith. ... Patil, learned Counsel appears for the proposed Defendant No.2 and submits that while his client has no objection to being added as the #HL_STAR....

High Court Malaya Kuala Lumpur

The maker and patentee of the defendant's machine applied to be added as a defendant, alleging that a judgment in the action would injure him, and that the existing defendant would not efficiently defend the action. ... (6) But, a defendant against whom no relief is sought by the plaintiff will generally not be added against the wishes of the latter. (See Hood-Bars v. ... Bank of England) (5) Nevertheles....

The Application to add the 3rd Defendant was filed on July 2007 which was objected to by the Defendants After an inquiry was held regarding same, the learned District Judge by order dated 30th January 2008 allowed the 3rd Defendant to be added as a party. ... (b) The impugned order caused prejudice to the 3rd Defendant who was added as a party. (c) The laches on the part of the Plaintiff disentitl....

2014 0 Supreme(P&H) 1696

A party can then be added as plaintiff or defendant. If Ranga has withdrawn his suit, he has not deprived the petitioner of such a right to file a suit for specific performance of the agreement to sell the suit property. The cause of action of the plaintiff and the applicant petitioner are wholly different and therefore it cannot be said that the presence of the petitioner is necessary to settle the questions involved in Rangas suit. However, power exists in the Court to add ....

2008 0 Supreme(Bom) 186

This is because the plaintiff is the dominus litis so far as the litigation started by him is concerned, when however a party is absolutely necessary, such a party can be added into the litigation, no matter whether the plaintiff opposes joining of such a party." Naraya, 1972, Mh.L.J.,64, thus: "It is principally for the plaintiff to decide whom to join as a defendant. It is only with his concurrence that somebody can be added as a defendant.

2007 0 Supreme(MP) 1029

I may further add that a person should not be added as a defendant merely because he would be incidentally affected by the judgment. As already held that the main consideration is whether his presence is necessary to enable the Court to effectively and completely adjudicate upon the question involved in the suit. The defendants shall be free to lead evidence in that regard, if they so chooses to rebut the contention of the petitioners' in that aspect.

2003 0 Supreme(Mad) 1223

It is clear that a person is not to be added as a defendant merely because he or she would be incidentally affected by the judgment. The main consideration is whether or not the presence of such a person is necessary to enable the Court to effectually and completely adjudicate upon and settle and questions involved in the suit. If the question at issue between the parties can be worked out without any one else being brought in, the stranger should not be added as a party.

2003 0 Supreme(Mad) 1241

If the question at issue between the parties can be worked out without any one else being brought in, the stranger should not be added as a party. The main consideration is whether or not the presence of such a person is necessary to enable the Court to effectually and completely adjudicate upon and settle and questions involved in the suit. It is clear that a person is not to be added as a defendant merely because he or she would be incidentally affected by the judgment.