Civil Procedure Code, 1908, Order 1, Rule 10 -- Defendant pleading real debtor be different person his addition when can be granted - When in a mortgage suit the defendants claim the real debtor to be another person and seek his addition but the plaint does not claim any relief against him or his property he is neither a proper party nor his presence is necessary for the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- In absence of a party his interest affected and to adjudicate completely and effectually, the applicant should be impleaded a party to the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - Addition really necessary for a complete adjudication of the suit - In the absence of party admitted suit cannot be determined or whether there will be prejudice by his not being added as a party. Person cannot be added that it may save them expenses of a separate suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Principles - Party to be added must be necessary to effectually and completely adjudicate upon and settle all the points involved in the suit, and that a party should not be added merely to avoid multiplicity of suits - Before directing a party to be impleaded, the court can insist that it should be..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit for specific performance - Applicant not a party to the agreement - Applicant claims right to suit property Title to property cannot be decided in suit for specific performance Applicant not a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Substitution of a new suit in place of old one is not envisaged within the four corners of the CPC. Object of O.1.R.10 CPC - The claim against the sole original defendant having failed to grant the relief sought for now would amount to substituting a new suit in place of the old one and to direct the trial of the new suit..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of parties - Divorce proceedings - Petitioner vitally interested in proceeding - In the interest of justice - to adjudicate completely and effectively, the petitioner to be brought on record - A obtained an ex-parte divorce against his wife B and after more than one year, he validly married C. Ex-parte decree set..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Mortgage suit - Person claims adverse title against mortgagor and mortgagee - Necessary party - May be jointed in the proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ejectment suit - Plea of tenant that title vests in third party - Third party not a necessary or proper party...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for rendition of accounts against several defendants - Preliminary decree passed and during the pendency of the final decree proceedings one of the defendant died - Plaintiff not making the application for impleading L.R's within the period of days from the date of his death..........
