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Power to Add or Transpose Parties (Order I Rule 10 CPC)

Jurisdictional & Appellate Practice Terms

Definition

The discretionary power of a civil court, at any stage of proceedings, to strike out an improperly joined party, add a necessary or proper party, or transpose a defendant into a co-plaintiff to ensure a complete and effective adjudication.

Example

In an ongoing suit for partition, one defendant agrees completely with the plaintiff's share calculations and claims identical relief; the civil court transposes that defendant as a co-plaintiff under Order I Rule 10(2) CPC.