Showing : 1-10 of 78 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleadment of LRs of deceased defendant - Maintainability of application - There is no bar for filing application U.O.1.R.10 CPC, even when application U.O.22.R.4 CPC was dismissed as not maintainable - Legal heirs of deceased person in such a matter can be added parties U.O.1.R.10 CPC r/w S.151..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervenor - Petitioner unsuccessful in earlier suit, cannot again re-agitate the same issue by way of an application U.O.1.R.10 CPC - He is neither necessary nor proper party to lis - Intervenor has taken prevaricating stand - Application rightly rejected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 1, Rule 10-- Impleadment of State - Cause of action against State when accrues against State during pendency of suit, an application U.O.1.R.10 to implead State as a party can be filed after complying with the provision of S.80 CPC - Court to consider application on merits...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Deletion of name of defendant No.2 as party - Defendant No.2 has interest in property - He is a necessary party whose presence is required for disposal of suit - Merely on the ground that no relief is being sought against defendant No.2, his name cannot be deleted, as power of Court U.O.1.R.10 CPC..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of transferee pendente lite - Where party purchased suit property during pendency of suit, impleadment could be directed U.O.22.R.10 CPC and not U.O.1.R.10 CPC - Merely because while allowing such impleadment, Court referred to O.1.R.10 CPC, it would not render order illegal - Since..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Application U.O.1.R.10 CPC can be filed and allowed at any stage during pendency of proceedings and even at the appellate stage...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of transferee pendente lite - Application U.O.1.R.10 CPC, does not decide rights of parties, rather, provides opportunity of hearing - S.52 of Transfer of Property Act, cannot be taken as obstruction for impleadment even if party may plead bonafide purchase of land - Petitioners..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4-- Suit filed against a dead person - Application U.O.22.R.4 CPC dismissed as not maintainable as said provision is applicable only when death occurs during pendency of suit - Held, there is no bar in filing application U.O.1.R.10 CPC when application U.O.22.R.4 CPC was dismissed as not maintainable..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Defendant impleaded in the suit on the demise of her father and in substitution of her father and not owing to any independent right of defendant - Merely because nomenclature of O.1.R.10 CPC used would not change the position of law of defendant having come into the picture..........

Showing : 1-10 of 78 Results