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Results of civil procedure code o 22 r 10

Showing : 41-50 of 172 Results

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Transferee pendente lite - Vendor has lost interest in suit property and is not pursuing the lis - There is apprehension that suit would go uncontested - Moreover, subsequent purchaser has already been impleaded in the connected suit - Court below was not..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of party - Suit for specific performance - Transferee pendente lite - (i) a subsequent purchaser is a necessary and proper party; (ii) after sale, the owner can lose interest in litigation, thus it can adversely affect the..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Non impleadment of transferee/assignee pendente lite - Suit or appeal not to be dismissed - Transferor/assignor has a right to continue the suit - It is the option of transferee/assignee to move an application for impleadment - There cannot be dismissal of suit on account of failure of transferee/assignee to file an..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent purchasers - Defence of subsequent purchasers is intrinsically linked to defendant No.1 in as much as subsequent purchasers have a right to be added U.O.22.R.10 CPC because successor-i, interest of a property can be added as a party to suit, once that successor-i, interest of a party to litigation..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Acquiring interest by devolution - As a rule of prudence, initial duty lies upon the person on whom such an interest has devolved upon any such property to apply for leave of Court in case the factum of devolution was within his knowledge or with due diligence can be known by him - However, in the absence of any leave sought..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Word `interest' in O.22.R.10 CPC means interest in property i.e subject matter of suit - `Interest' is not the interest of person who was party to suit...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent transferee - Proceedings would continue by or against original party although he ceased to have any interest in subject of dispute, despite failure to apply for leave to continue by or against the person upon whom the interest has devolved for bringing him on record...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent transferee - Person who has acquired an interest by devolution, if obtains leave to carry on suit, suit in his hands is not a new suit - A cause of action is not prolonged by mere transfer of tile - It is old suit that is carried on at his instance and he is bound by all proceedings up to the stage..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Assignment before final order - Once petitioners were permitted to be associated as assignees of defendants to continue and defend the suit in terms of O 22 R 10, it is incumbent to allow them to cross-examine the witnesses whose chief examinations had been recorded earlier...........

Showing : 41-50 of 172 Results