CPC 1908 § Order I, Rule 10 — Suit in name of wrong plaintiff

Statutory text (English)

(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
bona 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 join ed, 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 original defendant.

(5) Subject to the provisions of the 1[Limitation Act, 1908 ( IX of 1908 )], section 22, the
proceedings as against any person added as defendant shall be deemed to have begun only on the
service of the summons.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order I, Rule 10 (PARTIES TO SUITS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 59, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 59) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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