Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Agreement to sell executed by two brothers - Impleadment of third brother - If property is joint then two brothers will be deemed to have sold to the extent of their share - Petitioner is thus neither necessary not a proper party...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Parties having any right, title or interest in disputed property are necessary parties even for purpose of granting/refusing relief of injunction in a suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Civil Procedure Code, 1908, Section 17, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - One of properties in respect of which relief is claimed is located at place `D' - In terms of S.17 CPC, suit has been validly instituted before Court at place `D'...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - For deciding an application U.O.7.R.10 CPC, Court has only to see the averments made in the plaint...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of subsequent agreement holder - Plaintiff opposed to such application - Plaintiff who is dominus litis, cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of rule of law - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit - Proposed defendant was not a party to transaction in question between plaintiff and defendant - No privity of contract between plaintiff and proposed defendant - Proposed defendant cannot be construed to be a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a necessary and proper party - Petition can be filed at any stage of proceedings and an opportunity is to be given to them, if they are directly affected by the result of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where plot owners welfare organization is representing on behalf of plot owners effectively, each individual plot owner need not come on record by way of filing impleadment applications, as they need not contest the matter independently - Order allowing impleadment application set aside...........
