1.

Strike out or add parties (Impleading application) (O-1, R-10(2)) Civil Procedure Code 1908, ORDER I Order-1, Rule 10(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.

Important while impleading: Order-1, Rule 10 (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.

IN THE HONBLE COURT OF .. AT ..

I.A. No ../2012

in
O.S. No. ./20

Between:
- - - Petitioner/Plaintiff/s

-AND-

. - - - Respondent /Defendant/s

PETITION FILED ON BEHALF OF THE PETITIONER / PLAINTIFF U/O 1 RULE 10(2) r/w SEC 151 C.P.C :For the reasons mentioned in the accompanying affidavit it is prayed that the Honble Court may be pleased to add opponent/s No as Defendant/s No. in the above case as mentioned below, their/his/her Presence is necessary for effectual and complete adjudication of all the questions involved in the above suit, which would meet the ends of justice.

Proposed Defendant No .:

Smt/Sri. .,
w/o.S/o, Aged about ., Hindu/Muslim, Working/occupation.., Address

Date: Place:

Advocate for Applicant/s/Plaintiff/s/defendant/s

IN THE HONBLE COURT OF .. AT ..

I.A. No ../2012

in
O.S. No. ./20

Between:
- - - Petitioner/Plaintiff/s

And . . - - - Respondent /Defendant/

Affidavit of the Applicant No.

I, , W/o Sri. .., Aged about .years, Hindu,
working as .., R/o .., do hereby solemnly affirm and state

on oath as follows: 1. I am the applicant/No.. herein and plaintiff/defendant in the above suit as such we are fully conversant with the facts of the suit. 2. I have filed this suit for partition and separate possession of the suit schedule properties. 3. The averments made in the plaint may be read as part of this affidavit to avoid the repetition. 4. {Note: reasons has to be mentioned here as per your case fact and circumstances to allow your application.} 5. Hence the opponent No.. to be added as Defendants No. . for just complete and effectual decision in the above suit. 6. If the opponent No.. are added as defendant/s No in the above suit, no prejudice will be caused to the other defendants who are already on record, otherwise i/we will be put to great hardship, irreparable loss and injury. 7. Hence, we pray that the Honble court may be pleased to add opponent/s No. as defendant/s No. in the above suit, in the interest of justice and equity.
Sworn to and signed/Ltm before me at on this day of month Year

Deponent Before me. Advocate