Sunday, 1 November 2026
Bombay High Court
High Courts

Pre-Suit Assignment No Ground to Add Assignee as Co-Plaintiff Under Order I Rule 10: Bombay High Court

Published: · NyayVidhan

The Bombay High Court quashed a trial court order that let a third party join a specific performance suit as co-plaintiff on the strength of a deed of assignment executed before the suit was filed. Order I Rule 10 permits adding a plaintiff where the suit was filed in the wrong name through a bona fide mistake, and none was pleaded; a pre-suit assignment is no ground for such impleadment, though the assignee may file its own suit (paras 14, 17, 20).

Pre-Suit Assignment No Ground to Add Assignee as Co-Plaintiff Under Order I Rule 10: Bombay High Court
File photo: Bombay High Court, Mumbai Photo: Gnoeee Source: Wikimedia Commons Licence: CC BY-SA 4.0

Judgment Intelligence

Petition Allowed
Savita Arun Zambre & Ors. v. Manjari Projects Private Limited & Anr.
2026:BHC-AS:34372
Writ Petition No. 1227 of 2015
Court
Bombay High Court
Date of Decision
20 August 2026
Bench
Justice Gauri Godse
Relevant Acts & Sections
Code of Civil Procedure, 1908 — Order I Rule 10, Order XXII Rule 10
Final Outcome

Writ petition allowed; the order dated 15.03.2014 below Exhibit 137 in Special Civil Suit No. 1463 of 2009 quashed and set aside and the application at Exhibit 137 dismissed; respondent no. 2 not precluded from filing a separate suit, subject to all just objections by the proposed defendants (para 20).

Source Bombay High Court (bombayhighcourt.gov.in), decided 20 August 2026 · Court's copy

Key holdings

  1. No bona fide mistake was pleaded, so Order I Rule 10 could not be used to add the assignee as co-plaintiff (para 14).
  2. Order XXII Rule 10 governs assignments pendente lite, not an assignment made before the suit (para 15).
  3. An assignee whose rights predate the suit has not ‘purchased the litigation’ or stepped into the plaintiff’s shoes (para 18).
  4. Respondent no. 2 remains free to file a separate suit, subject to all just objections (para 20).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The original plaintiff sued the petitioners, the landowners, for specific performance of a development agreement of 15 December 2006 and a supplementary agreement of 22 August 2007, and challenged their termination notice of 17 April 2009 (paras 2, 4, 13). It had earlier assigned its rights to respondent no. 2 by a registered deed of 27 July 2007, and it was not its case that the defendants were told (paras 4, 11, 13). On 15 March 2014 the trial court allowed respondent no. 2's application at Exhibit 137 under Order I Rule 10 to be added as co-plaintiff, while rejecting the plaintiff's own amendment application (paras 1, 3). The original defendants challenged that order (para 1).

Court's Findings

The trial court had not addressed the scope of Order I Rule 10 where the assignment admittedly preceded the suit (para 13). The rule allows a plaintiff to be added or substituted where the suit was filed in the wrong name through a bona fide mistake, and none was pleaded; so the assignment "cannot be a ground to add the party as a co-plaintiff by relying upon Order I Rule 10, as the assignment is prior to the date of filing of the suit" (para 14). Assignments pendente lite fall under Order XXII Rule 10, which did not arise (para 15). The decisions cited for the third party concerned rival claims or assignments during the suit and did not apply (paras 16-17). Impleadment would defeat the defendants' plea that the plaintiff, having divested its rights, could not maintain the suit (para 17). The trial court erred in holding that the third party had purchased the litigation, as the assignment preceded the suit (para 18). Noting that the third party, said to be the plaintiff's sister concern, shared its advocate in the High Court, the Court held the application was filed only to defeat the defence (paras 11, 19).

Legal Principle

A person to whom the plaintiff assigned its rights before filing the suit cannot be added as co-plaintiff under Order I Rule 10 CPC on the strength of that assignment when no bona fide mistake is pleaded; Order XXII Rule 10 covers only assignments during the suit, and the assignee may sue separately (paras 14-15, 17).

Precedents Relied Upon

  1. Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Anr. (2022) 16 SCC 1
    Explained Discussed at ¶ 7, 9, 16

    Cited by both sides; it concerned a claim for specific performance and allowed impleadment for proper adjudication where rights were assigned during the pendency of the suit.

  2. Robin Ramjibhai Patel v. Anandibai Rama alias Rajaram Pawar and Ors. (2018) 15 SCC 614
    Distinguished Discussed at ¶ 9, 16

    Cited by the respondents; it involved rival claims against the same vendor, whereas here the third party claims through the plaintiff.

  3. Mumbai International Airport Private Limited v. Regency Convention Centre and Hotels Private Limited and Ors. (2010) 7 SCC 417
    Explained Discussed at ¶ 10, 16

    Cited by the respondents; there an assignee was added as co-plaintiff in view of Order XXII Rule 10, and the court may refuse impleadment that would alter the nature of the suit.

View all precedents (4)
  1. State Trading Corporation of India Ltd. — In the matter of — Standard Chartered Bank v. ICICI Lombard General Insurance Company Ltd. 2015 SCC OnLine Bom 6272
    Distinguished Discussed at ¶ 10, 17

    Cited by the respondents; it dealt with an assignment by consent terms before the DRT during the pendency of the suit, not a pre-suit assignment.

Statutory Provisions: CPC
NyayVidhan
Court Judgments · 3 min read
Decided: 20 August 2026 Justice Gauri Godse
Join our WhatsApp Group
✕

Try: POCSO, IBC, Electoral Bond, Article 370, NDPS Act, Bail Conditions, SC Contempt