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ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10(2) CPC, gives wide discretion to Court to meet every case of defect of parties and is not affected by inaction of plaintiff to bring necessary parties on record...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Bank as a party - Suit for mandatory injunction - No dispute inter se bank and borrower - No relief sought against Bank - Cause of action disclosed in plaint is that plaintiff is owner of disputed property and defendant is its licensee who has not vacated despite termination of license - Relief of mandatory..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - In suit for specific performance of agreement to sell, only validity and enforcement of agreement is to be seen - Contract is with respect to immoveable property, which has already been sold in public auction and sale certificate has been issued - Property was mortgaged with bank by promisor of agreement to..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10 -- Maintenance - Impleadment - Necessary party - Maintenance was fixed and created charge on land - Wife has challenged transfer deed executed by husband in favour of grand son of brother only to limited extent that she has a preferential right of maintenance - Exercise of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Three basic ingredients for granting ad interim injunction, namely, i) a prima facie case, ii) balance of convenience and iii) causing of irreparable loss in case of denial of ad interim injunction...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once petitioner himself was signatory to mutual settlement, he could not be permitted to turn around and say that said document cannot be read into evidence for purpose of granting ad interim injunction in their favour - Correctness of said agreement and also denial thereof by petitioner would be..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party during final decree proceedings - Application is maintainable, as Court is well within its powers to amend preliminary decree or pass a second preliminary decree at the instance of party who got impleaded in final decree petition...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Revisional jurisdiction - When applications for interim injunction and interim mandatory injunction are dismissed by trial Court and the said order is also confirmed by Appellate Court, revisional Court would not normally interfere with such orders - The jurisdiction of revisional..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Easementary right of passage - Two passages out of which one is of width of 2 yards located at a height of 2 fee without any vehicles capable of being going through the same - Plaintiff has to be taken to have established prima facie case - Balance of convenience is also in his favour as there are 11..........

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