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2015 (6) TMI 1253 - HC - Indian LawsSuit for declaration and permanent injunction - legal provision to delete the name of dead defendant - Order 1 Rule 10(2) C.P.C. - Scope f the words 'name of any party improperly joined' - HELD THAT:- The word improperly is wide enough to include the name of a defendant who was no more when suit was filed. Learned counsel for the parties, during the course of arguments, fairly admitted that defendant No.2 died even before filing of the suit. If plaintiff was not aware about his death and impleaded him as defendant No.2, it can be said that he was improperly impleaded. Apart from this, no prejudice is caused to petitioner by the impugned order. Thus, it cannot be held that the Court below has committed any error in permitting the deletion of the name of said defendant under Order 1 Rule 10(2) CPC. It cannot be forgotten that the procedural law is made for smooth functioning. It is not made to strangulate the litigants on hyper technical grounds. There are no error in the impugned order which warrants interference by this Court - petition dismissed.
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