Law: Civil Procedure Code (V of 1908)

Section: O.1,r.10,O.VI,r.17

Law: Indian Independence (Rights, Property and Liabilities Order, 1947

Section: 8(1)(a)

(a) Civil Procedure Code (V of 1908), O. 1, r. 10 and O. VI, r. 17--Substitution of defendant--To be effected under O. I, r. 10 and not under O. VI, r. 17--Amendment of plaint--­Jurisdiction of Court after passing decree-Indian Indepen­dence (Rights, Property and Liabilities) Order, 1947, S. 12­--Federation of Pakistan sought to be substituted for Indian Dominion. Order 6, rule 17, relates to a matter in controversy between the parties, and unless a party is already on the record, the question of a matter being in controversy between that party and the plaintiff does not arise. Although a plaint is amended when a party is added, the appropriate provision for an addition tar substitution of a party would be, apart from any special enactment O. 1, r. 10 of the Code of Civil Procedure. Therefore, the mere necessity of the, addition of the party could not be brought within the words "matters in controversy between the parties". A Court has jurisdiction to allow amendment only as long as a suit is pending between the parties. When a suit is terminated by a decree the jurisdiction of the Court to deal further with the matters in issue terminates, unless and until that decree is, in the first instance, got rid of, or unless it could be said that by passing of the decree the whole of the matters in issue have not been adjudicated upon or at least not adjudi­cated upon against a particular party. Where the decree had been obtained against the Indian Dominion after substitution of the latter for Governor-General­-in-Council in terms of section 12 of the Indian Independence (Rights, Property and Liabilities) Order, 1947, and, after passing of the decree, the plaintiff having, in the first instance, failed to get the Federation of Pakistan substituted as the -debtor for the Indian Dominion through amendment of the decree-sheet, applied for amendment of the plaint itself by substitution of the Federation of Pakistan as defendant in place of the Indian Dominion; Held that the plaintiff could not do so. Orders passed by a Court at one stage of the proceedings are binding in all subsequent proceedings till they are, in a legal manner, set aside. The lower Court was, therefore,…

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