Neutral Citation No. - 2025:AHC:103021-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 515 of 2025 Appellant :- Rahul Verma Patel @ Rahul Verma Respondent :- Neelam Patel And Another Counsel for Appellant :- Gaurav Tiwari,Inspectar Singh Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Mr. Gaurav Tiwari, learned advocate appears on behalf of appellant-husband and submits, his client is aggrieved by order dated 7th May, 2025, whereby the Family Court, of its own motion, struck out respondent no.2 in the matrimonial proceeding. Said respondent is paramour and he is a necessary party in his client's case against respondent-wife. 2. He submits further, his client after having filed for divorce, applied and got the paramour added as respondent no.2. Order dated 23rd January, 2025 for addition of party by amendment was not challenged but subsequently, the Family Court by impugned order struck out the added party. Application for exemption to file formal order has also been filed as no decree has been made available. 3. The order striking out a party from the proceeding could only have been made under provision in sub-rule (2) of rule 10 in order I, Code of Civil Procedure, 1908. As such, no decree can be drawn up on said order. The exemption application is thus disposed of. 4. Provision in rule 10(2) under order I is reproduced below. "Order 1, Rule 10(2) CPC 10. Suit in name of wrong plaintiff. (1) ....................... (2) Court may strike out or add parties.- The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name, of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. (3) ......................... (4) ......................... (5) ........................." (emphasis supplied) A trial Court's power to strike out or add parties on its own motion results in an interlocutory order since, the power is provided with object of enabling the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit/ petition. Here we must observe that where the Court had earlier added the alleged paramour as a party, thereafter to resort to exercise of its power to strike out such party gives rise to questions, which can be raised by appellant by filing miscellaneous petition under article 227 in the Constitution. 5. The appeal is dismissed as not maintainable. However, the dismissal will not prevent appellant from finding his remedy. For the purpose, appellant may apply for return of certified copy of impugned order, upon producing photocopy thereof, to be kept in the record. Order Date :- 2.7.2025 Gurpreet Singh (Arindam Sinha, J.) (Dr. Y. K. Srivastava,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad