Pruthvirajsinh Nodhubha Jadeja (D) By LRs. vs. Jayeshkumar Chhakaddas Shah & Ors. – (SC)

Code of Civil Procedure, 1908–Order 1, Rule 10 & Order 22, Rule 10–After death of plaintiff, the person (JCS) who purchased the land from him filed the application to implead himself as plaintiff no. 2–High Court allowed the application on the ground that even if the legal heirs of the original plaintiff wanted to withdraw from suit, they could do so but the rights of JCS would be vitally affected–Therefore, he was entitled to be impleaded as a party of suit–Held, application was required to be filed by JCS under Order 22, Rule 10 instead of Order 1, Rule 10–However, mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the Court–JCS was rightly impleaded as a plaintiff in the suit.