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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a proper party at any stage of proceedings - Does not involve per se any question of limitation...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Sub-rule (2) of Rule 10 of Order 1 empowers Court at any stage of proceedings to add as a party any person who ought to have been joined as a party - Question whether suit within time or not against newly added defendants - Should be gone into at the time of final decision of suit..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Not a strict rule that a person cannot be added as a defendant against wishes of plaintiff - A person if likely to be affected by the result of suit - Becomes a proper party - Should be allowed to be added - Application for being impleaded as a party (in a suit for permanent injunction restraining Municipal Committee from..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Application for being impleaded as defendants on the plea that plot which vendor agreed to sell not owned by him and fallen to share of applicants in family partition and in their exclusive possession as owners - Necessary parties for determination of controversy - Just and proper to implead as..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Section 115, Order 1, Rule 10 -- Revision against order declining to implead as defendants - Facts of the case not properly appreciated - Court acted illegally and with material irregularity - Fundamental error of procedure - Revision competent...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, 11 -- application by transferee (assignee) from defendant for being impleaded as party to the cause -Should ordinarily be granted - Provisions of Rules 10 and 11 of Order 22 of enabling character and entitles assignee to make application for being impleaded during pendency of suit..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1984
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Mistake brought to notice of plaintiff on 20th July, 1982, that Sunder Singh not a vendee and that Minder Singh vendee not impleaded - Replication filed on 20th September, 1982, in which plaintiff insisted that Sunder Singh and Minder..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1984
Details

Civil Procedure Code, 1908, Order 1, Rule 10 - - Impleading of legal representatives of deceased defendant who died prior to filing of suit - Court if of opinion that omission to implead was the result of a mistake made in good faith - Can order suit to be deemed to have been instituted on any earlier date against party added later on - Mistake committed in good faith,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1984
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit restraining State from implementing new Warabandi - Application for being impleaded as parties on the ground of being affected if decree passed in the suit - Any decree declaring Warabandi in suit land would affect rights of applicants - Necessary to implead them as a party in the suit...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1984
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- No universal rule that a third person cannot be impleaded as a party to a pending litigation - Court primarily to assess whether applicant would be directly affected by the result of suit, and being so, whether his presence as a party necessary for adjudication of the matter...........

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