As per Order I Rule 10 (2) of CPC, the Court may strike out or Add Parties to a Suit. Extracts of Order 1 Rule 10 is as under:
Order I Rule 10. Suit in name of wrong plaintiff
(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 joinded, 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.
Sample format of Impleadment Application for Supreme Court is given below:
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 20__
SPECIAL LEAVE PETITION (C) NO. _____ OF 20__
IN THE MATTER OF:
_____________ AND ORS PETITIONERS
UNION OF INDIA AND ORS RESPONDENTS
AND IN THE MATTER OF:
1. MR. _______________ APPLICANT NO. 1
2. MR. _______________ APPLICANT NO. 2
APPLICATION FOR IMPLEADMENT
THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA
The humble petition of the Applicant above-named.
MOST RESPECTFULLY SHOWETH:-
1. That the present Application for Impleadment is preferred by the applicants aggrieved by the order of this Hon'ble Court dated ____ in above referred Special Leave Petition. That the matter is listed for hearing on __.__.20__.
2. That by way of the present Application, Applicants herein are seeking impleadment as necessary and/or proper parties in the instant Special Leave Petition (Civil) No. ____ of 20__. It is submitted that the Applicants herein were not party before the Hon'ble Bombay High Court in the proceedings leading to this SLP.
3. That the Social Development Service Scheme is being implemented by the Department of ____ in Delhi.
4. That as per the order of this Hon'ble Court dated ____ in Writ Petition (Civil) No. ___ of 20__, the Applicants got permission to work as service agent.
5. The Applicants have setup facilities to do work for Social Welfare activities as pre Government Norms. Copy of Registration Certificate of the Applicants is annexed as Annexure A-1.
6. That the Applicants have received initial letter of intent for setting up the manufacturing unit to manufacture food items in the society in ____. Copy of Letter of Intent and further communication is annexed as Annexure A2.
7. That the Applicants have setup project for manufacturing of food items by spending Rs. _______.
8. That the state has imposed unrealistic conditions and made it virtually impossible for the Applicants to compete.
9. That a group of other members had challenged the tender notice dated ____ in the Hon'ble High Court of Delhi.
10. Aggrieved by the Order / Judgment of the Hon'ble High Court of Delhi the Petitioners had filed Special Leave Petition No. ___ of ___ with this Hon'ble Court.
11. That this Hon'ble Court in its order date___ in SLP No ___of 20__ was pleased to hold / direct as under:
"No earlier contract of anyone shall be extended and if any officer extends the same, he shall be liable for contempt of this Court. If any contract has been extended after the licence period is over, the same shall come to an end by ____"
A true copy of the order dated ______ in SLP (C) No. ____ of 20__ is annexed herewith as ANNEXUREA-3 (Pages ______to_______.)
12. That the applicants are aggrieved by the order of this Hon'ble Courtas their contract has been cancelled/ not renewed; they lost their livelihood and are facing huge loss and debt burden.
13. That the Applicants are necessary and proper party to the present proceedings and has a direct and subsisting interest in the subject matter of the present proceedings. Further, legal rights and interests of the Applicants will be seriously prejudiced if the Applicant is not heard in the present matter.
14. That the presence of the Applicant sare necessary in order to enable this Hon'ble Court to effectually and completely adjudicate upon issue involved in the present matter, as the Applicants are the main aggrieved party whose rights shall be affected by any order(s) passed by this Hon'ble Court.
15. That by adding the Applicants to the array of parties, no prejudice will be caused to the parties already on record; neither will fair trial of the questions in controversy be prejudiced. On the other hand, not making the Applicants party to the present proceedings will cause serious prejudice to the rights of the Applicants.
16. That it is, therefore most respectfully prayed that this Hon'ble Court may be pleased to implead the Applicants as party Respondent in the present SLP (Ci) No. ___ of 20__ otherwise the Applicant will suffer irreparable loss and injury.
17. That the Application is made bonafide and in the interest of justice.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
(a) Allow the present application for impleadment and direct impleadment of the Applicants as party Respondents in the present SLP(C) No. 2177 of 2017; and/or
(b) Allow the present Applicants to intervene in the present SLP.
(c) pass such other and further order/orders as this Hon'ble Court may deem
fit and proper on the facts and in the circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
DRAWN ON :
DRAWN BY :
ADVOCATE ON RECORD FOR THE APPLICANT
Order 1 Rule 10 of Code of Civil Procedure
Order I Rule 10. Suit in name of wrong plaintiff
(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 thought 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 joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joinded, 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 Indian Limitation Act, 1877 (XV 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.
3. Writ Petitions
4. Review Petitions
6. Contempt Petition
7. Applications to Supreme Court