Case Note & Summary
The petitioner, Sri Balaji Katta N., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25.03.2014 passed by the XII Addl. City Civil Judge, Bangalore in O.S.No.7932/2010 on an application filed under Order 22 Rule 10 CPC. The petition was identical to W.P.No.13499/2015, which was considered and decided on the same day. The court, following the reasoning in that case, allowed the petition, quashed the impugned order, allowed the interlocutory application in the trial court, and directed that the cause title be amended on the next hearing date. The contentions of both sides in the suit were kept open for consideration by the Trial Judge.
Headnote
A) Civil Procedure Code - Substitution of Parties - Order 22 Rule 10 CPC - Cause Title Amendment - The petition was identical to W.P.No.13499/2015 decided on the same day, and the order therein was applied. The impugned order was quashed, the interlocutory application allowed, and the cause title directed to be amended on the next hearing date. Contentions of both sides in the suit were kept open for consideration by the Trial Judge. (Paras 1-2)
Issue of Consideration
Whether the trial court's order rejecting an application under Order 22 Rule 10 CPC for substitution of a party was correct.
Final Decision
The writ petition is allowed, the impugned order is quashed, the interlocutory application in the trial court is allowed, and the cause title be amended on the next hearing date. Contentions of both sides in the suit are kept open for consideration by the Trial Judge.
Law Points
- Order 22 Rule 10 CPC
- Substitution of parties
- Cause title amendment
- Writ jurisdiction under Articles 226 and 227
Case Details
2015 LawText (KAR) (09) 43
Writ Petition No.46760/2014 (GM-CPC)
Sri D. Prabhakar for petitioner; Sri Y.K. Narayana Sharma for respondent 2
Smt. Abhirami Srikanth and M/s. Concord Marketing & Services Pvt. Ltd.
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order on an application under Order 22 Rule 10 CPC in a civil suit.
Remedy Sought
Quashing of the order dated 25.03.2014 passed by the XII Addl. City Civil Judge, Bangalore in O.S.No.7932/2010 on an application under Order 22 Rule 10 CPC.
Filing Reason
The trial court rejected the application for substitution of a party under Order 22 Rule 10 CPC.
Previous Decisions
The petition was identical to W.P.No.13499/2015 decided on the same day.
Issues
Whether the trial court's order rejecting the application under Order 22 Rule 10 CPC was correct.
Submissions/Arguments
The petition was identical to W.P.No.13499/2015 and the order therein squarely applies.
Ratio Decidendi
Since the petition was identical to a previously decided case, the same reasoning applies, and the trial court's order rejecting substitution under Order 22 Rule 10 CPC is quashed, allowing the application and directing amendment of cause title.
Judgment Excerpts
Undisputedly, this petition is identical to W.P.No.13499/2015 considered and decided today.
Hence, following the said order and for the reasons assigned therein, this petition is allowed and the impugned order is quashed.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25.03.2014 passed by the XII Addl. City Civil Judge, Bangalore in O.S.No.7932/2010 on an application under Order 22 Rule 10 CPC. The petition was heard on 04.09.2015 and allowed, following the decision in W.P.No.13499/2015.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 22 Rule 10
- Constitution of India: Articles 226, 227
