Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - While exercising discretion to add a party Court must be guided by following factors: (i) whether party sought to be added is a necessary party or not; (ii) whether his presence would enable Court to effectually and completely adjudicate all questions involved in that case; (iii) whether his..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Necessary party - What makes person a necessary party, is not merely that he has relevant evidence to adduce on some of issues involved in the lis, as that would only make him a necessary witness, but it is that without his presence, complete and final adjudication is impossible...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Proceedings u/s 57 of Madras Hindu Religion and Charitable Endowments Act - Petitioners are not necessary to effectually and completely adjudicate upon and settle all questions involved in proceedings - Even, in absence of petitioners as parties in proceedings will not lead to any multiplicity of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Paternal grandmother of plaintiff seeking her impleadment in the suit - However, suit filed in the year 2014 and application for impleadment filed in 2019 - Paternal grandmother of plaintiff being head of family must have knowledge about family affairs and also about institution of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit filed by wife against husband - Husband during subsistence of his marriage with plaintiff/wife remarried `J' - Children born out of said marriage are illegitimate sons and daughters for purpose of S.16(3) of Hindu Marriage Act and would only be entitled for partition in self acquired..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner claimed title to property in question - He is thus, a necessary party to suit - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of sub-lessee/sub-tenant - Eviction suit - Sub-lessee/sub-tenant is neither a necessary nor a proper party in a suit for eviction - Application held, rightly rejected...........
