Showing : 1-10 of 52 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10-- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Pre-suit assignment or creation or devolution of interest, does not attract provision of O.22.Rr.4, 10 CPC, particularly when assignees abandoned his befitting solitary locus..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10-- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Though assignees empowered to be arrayed as party defendants at the inception of lis, but since they enable to seek their impleadment, they abandoned/waived their rights to..........
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..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Application U.O.22.R.10 CPC can be made either in life time of assignor or even after his death - Choice is obviously of assignee...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Impleadment of devolution of interest - Detailed inquiry is not contemplated while considering application U.O.22.R.10 CPC...........
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..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22-- Impleadment of a party - Specific performance - Transferee pendente lite - Transferee pendente lite would be in a similar position as a heir or legatee of a party who dies during pendency of suit or proceeding and therefore could seek impleadment U.O.22.R.10 of CPC - Particularly, if he is a..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3-- Impleadment of a party - Partition suit - Death of plaintiffs after passing of preliminary decree - Proceedings do not abated due to death of plaintiffs, as hearing is already over and preliminary decree is also passed - Application to bring LRs of deceased plaintiffs need not be U.O.22.R.3 CPC..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10-- Suit against a dead person - Substitution of L.R's by considering application for substitution as one U.O.1.R.10 CPC - Cannot be allowed when there is no cause of action or when he is neither necessary nor a proper party and whose presence is not necessary for adjudication of issues involved in..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10-- Transferee pendente lite - While deciding an application u/s 146 and O.22.R.10 CPC Court is not required to go into controversy as to whether person sought to be impleaded as party in the suit is either necessary or proper party - If person sought to be impleaded as a party is legal representative..........

Showing : 1-10 of 52 Results