Improper joinder under Order 1 Rule 10(2): defendants cannot be struck out on a prima facie view of unsustainable claims.

Order 1 Rule 10(2) CPC permits striking out improperly joined defendants, but the Court must decide such an application on the plaint allegations and not by a prima facie assessment that the claim is ultimately unsustainable. A plea that no cause of action is disclosed is serious and can succeed only in clear cases; allegations of suppression or other factual weaknesses may affect interim relief or trial merits, but they do not by themselves justify deletion of parties at this stage. On that basis, the request to delete defendants 5 to 8 was rejected and the Chamber Summons was dismissed.

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Issues: Whether defendants could be struck out as improperly joined under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 on the ground that no cause of action was disclosed against them.

Analysis: The Court held that although a plea that the plaint discloses no cause of action is a serious one and must be accepted only in clear cases, the power under Order 1 Rule 10(2) is not confined in the manner suggested by the plaintiff. A defendant may be struck out if improperly joined, but at the stage of such an application the Court must proceed on the plaint allegations and cannot non-suit the plaintiff by deciding, only prima facie, that the claim against those defendants is ultimately unsustainable. The Court also noted that suppression of material facts and other factual criticisms might bear on interim relief or the merits at trial, but they did not justify striking out the defendants at this stage.

Conclusion: The application to delete defendants 5 to 8 from the suit was rejected and the Chamber Summons was dismissed.

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