Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Certain factors which may be considered by the Court while determining such a question are - (a) Whether the applicant is necessary and proper party keeping in view the facts and circumstances of the case (b) Whether presence of such party before the Court is necessary for effectively and completely..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Local Commissioner Report - Forms acceptable basis for passing ad interim injunction or directions though Report of Local Commissioner not an absolute evidence at this stage and has to be scrutinised with greater care and effectiveness at the stage of trial...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment in a suit for declaration - Plaintiff claiming to be owner in possession having perfected title by way of adverse possession - Applicant claiming present suit to be collusive to frustrate right of applicant in the suit filed for recovery of money which applicant forced to pay as surety of the parties to the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party to proceedings - Necessary consideration before Court - Whether said party necessary or proper party and presence of such party necessary for complete and effective adjudication of subject-matter...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Determination of indigence - Subject matter of suit is not to be reckoned as applicant's property...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Where application is presented by agent, Court may examine only agent and pass order on merits of application - Rejection of application on ground that applicant has not appeared in person is not sustainable in law, when applicant is permitted to appear by agent...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for permanent injunction restraining defendants from removing the plaintiff from Convenorship and from the membership of the Committee of the College - Plaintiff removed from the Convenorship and membership before the institution of suit - No relief for declaration of his status..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joint Family Property - Property partitioned among co-sharers - Sale of some property by co-sharers - One co-sharers challenged validity of alienation - Vendors being co-sharers not impleaded - Challenge is not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Eviction petition - Third party disputing title over suit property - Cannot be added as party as in suit for eviction investigation of title is not warranted by law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit by vendee for declaration restraining defendants from dispossessing and also from alienating suit land - Suit land purchased during pendency of appeal in which appellant and vendor - respondent entered into compromise - Question whether sale of suit land hit by doctrine of lis pendens under..........
