https://www.taxtmi.com/caselaws?id=299086 A defendant may be deleted under Order I Rule 10 CPC only if he is neither a necessary nor a proper party. The plaint here specifically alleged manufacturing defect, inspection of the vehicle, and joint and several relief against defendants 4 and 5, so the trial court could not test the sufficiency of proof at the deletion stage. Those evidentiary questions were reserved for trial. The High Court therefore set aside the deletion order and restored the defendants to the suit, leaving their liability open on evidence. en-us Mon, 02 Sep 2019 00:00:00 +0530 Fri, 03 Dec 2021 08:59:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299086 A defendant may be deleted under Order I Rule 10 CPC only if he is neither a necessary nor a proper party. The plaint here specifically alleged manufacturing defect, inspection of the vehicle, and joint and several relief against defendants 4 and 5, so the trial court could not test the sufficiency of proof at the deletion stage. Those evidentiary questions were reserved for trial. The High Court therefore set aside the deletion order and restored the defendants to the suit, leaving their liability open on evidence. Case-Laws Indian Laws Mon, 02 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299086