In Pakistan, under the Code of Civil Procedure (C.P.C.), Order 1, Rule 10 deals

with the concept of misjoinder and non-joinder of parties in a legal proceeding. This rule is aimed at ensuring the proper and complete representation of all necessary parties in a lawsuit, avoiding the exclusion or improper inclusion of parties that might affect the just and fair determination of the case.

Order 1, Rule 10 of the CPC:

Order 1, Rule 10 of the Civil Procedure Code states:

“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 names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined, 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.”

Case Law Example:

In the case of “Zahid Hussain v. Iqbal Ahmed and Others,” the Lahore High Court examined Order 1, Rule 10 of the CPC. The court had to decide whether parties should be added or removed from the suit in order to enable an effective adjudication and settlement of all the issues involved.

The petitioner argued that certain parties were improperly joined in the lawsuit and sought their names to be struck out. Conversely, the respondent argued that additional parties should be included as their presence was necessary to effectively adjudicate and settle the matter.

The Lahore High Court, in its decision, emphasized the importance

of ensuring the right parties are involved in a lawsuit to properly address all the issues. The court, considering the circumstances and the merit of the case, ordered the names of certain parties to be struck out and, simultaneously, added the names of other necessary parties to ensure a comprehensive resolution of the dispute.

This case highlights the significance of Order 1, Rule 10 of the CPC in enabling the court to strike out parties improperly joined and include parties whose presence is essential for a complete and just adjudication of the matters at hand in a legal proceeding.

Order 1, Rule 10 of the CPC serves to uphold the principles of fairness, justice, and completeness in legal proceedings by ensuring the right parties are involved, thereby aiding in the just resolution of disputes before the courts in Pakistan.