Application for Impleadment of Party under Order I Rule 10 CPC
An application for impleadment is a request by a person who is not already a party to a suit to be added as a plaintiff or defendant. It is the procedural instrument through which a third party asserts that their presence is indispensable for the court to completely and finally settle all the questions involved in the litigation.
This application is filed as an interlocutory application in a pending civil suit or proceeding. It is moved under Order I Rule 10(2) of the Code of Civil Procedure, 1908, read with the inherent powers of the court under Section 151.
- Governing law
- Code of Civil Procedure, 1908 — Order I Rule 10 read with Section 151
- Sections
- s. Order I Rule 10s. Section 151
- Filed before
- Civil Judge / District Judge / High Court
When this is the right filing
- When a person not on record believes they are a necessary party, without whom no effective decree can be passed.
- When a person not on record is a proper party, whose presence will help the court completely adjudicate all matters in dispute.
- When the applicant's rights or interests over the subject matter of the suit are likely to be directly affected by the outcome.
- When the court, on its own motion or on application, needs to add a party to avoid multiplicity of proceedings.
- Do not use this application if the person is already a party to the suit; this is only for third parties seeking to be added.
What the court looks for
- A clear statement that the main suit is pending and its current status.
- A demonstration that the applicant is a necessary or proper party for the effectual and complete adjudication of the questions involved.
- Specific facts showing how the applicant's legal rights or interests are directly connected to the subject matter of the suit.
- A properly structured prayer seeking addition as a plaintiff or defendant, supported by an affidavit and verification.
The structure the court expects
The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.
- 1Cause title
- 2Application
- 3Grounds
- 4Prayer
- 5Affidavit
- 6Verification
APPLICATION UNDER ORDER I RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR IMPLEADMENT OF THE APPLICANT AS A PARTY [add as side]
Bracketed items are filled from your case.
Frequently asked questions
At what stage of a suit can an application for impleadment be filed?
Order I Rule 10(2) CPC allows the court to add a party at any stage of the proceedings. The application can be filed as long as the suit is pending, even at the appellate stage, if the presence of the party is found necessary for a complete adjudication.
What is the difference between a necessary party and a proper party?
A necessary party is one without whom no effective order can be made in the suit. A proper party is one whose presence is not essential for passing a decree but is required for a complete and final decision on all the questions involved in the proceeding.
Does the applicant need to file a separate suit to be added as a party?
No. The applicant does not file a separate suit. They file this interlocutory application within the already pending suit, seeking an order from the court to add them as a co-plaintiff or co-defendant in that existing proceeding.
Free trial · Drafting assistance, not legal advice — always verify before filing.
More civil formats
- Affidavit in Support of Pleading under Order XIX Rule 3 CPC
- Appeal under Section 37 of the Arbitration and Conciliation Act, 1996
- Application for Condonation of Delay under Section 5 Limitation Act
- Application Under Order XXXIX Rule 2A CPC for Disobedience of Injunction
- Application for Recall, Modification or Clarification of an Order under Section 151 CPC
- Application for Restoration of Suit or Appeal Dismissed in Default
- Application for Substitution of Legal Representatives under Order XXII CPC
- Application for Temporary Injunction under Order XXXIX Rules 1 & 2 CPC