Showing : 1-10 of 311 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment a party - Applicant was purchaser of suit land - Patta of plaintiff was revoked on applicant's objection with a direction to get decided the issue of ownership from competent Court - Trial Court was of view that applicant was entitled to be impleaded to enable it effectually and..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Proceedings u/s 47-A of Stamp Act - Petitioner impleaded in lis after expiry of statutory period of 4 years as provided u/s 47-A(3) of Stamp Act - No case can be brought against petitioner as per S.47-A(3) of the Act - Impleadment wrongly allowed, as impleadment cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and Eviction-- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of subsequent purchaser - Suit for specific performance - Sale deed in favour of subsequent purchaser executed during pendency of suit - Same is hit by provisions of lis pendens - Suit filed is for relief of specific performance, if decree is passed against defendant that decree is..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Court can add any person as a party at any stage of the proceedings, if the person whose presence is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of multiplicity of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Court has wide discretion to deal with a situation which may result in prejudicing the interests of the affected party if not impleaded in the suit, and where the impleadment of said party is necessary and vital for the decision of suit...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit filed against a dead person - There is no legal impediment in impleading the legal representatives of the deceased defendant, subject of course to the law of limitation, to be decided during course of trial...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Defendant impleaded in the suit on the demise of her father and in substitution of her father and not owing to any independent right of defendant - Merely because nomenclature of O.1.R.10 CPC used would not change the position of law of defendant having come into the picture..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 9, Succession Act, 1925, Section 63-- Non-joinder of necessary party - Will - Petitioner claiming their entitlement only on basis of Wills and petitioner were justified in impleading only those legal heirs who were contesting Wills or were setting up a counter Will and excluding other legal heirs, if any, who were not disputing Wills...........

Showing : 1-10 of 311 Results