Showing : 191-200 of 531 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- Condonation of delay - Death during pendency of appeal - Delay of 778 days in impleading L.R's - Condonation of delay - Applicants not aware of the pendency of appeal - Applicants totally callous about pursuing appeal - They acted irresponsible and even with negligence - Not approached Court with..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5 of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Court at any stage of a proceedings can strike out or add a party either suo moto or on the application of plaintiff or defendant or on an application of a person who is not a party to the suit...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Person who is likely to secure a right/interest in a suit property, after the suit is decided against the plaintiff, does not make such person a necessary party or a proper party to the suit for specific performance...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), 9-- Impleading of a party - Plaintiff when seeks impleading a person as a defendant on the ground that he is a necessary party Court may implead him - If claim against such person is barred by limitation, it may refuse to add him as a party and even dismiss the suit for non joinder of a necessary..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - If the owner of a tenanted property enters into an agreement for sale of such property without physical possession, in a suit for specific performance by the purchaser, the tenant would not be a necessary party - But if the suit for specific performance is filed with an..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - If application is made by plaintiff for Impleading someone as a proper party, subject to limitation, bonafides etc., Court will normally implead him, if he is found to be a proper party - However, when non party makes an application for impleadment as a proper party Court..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Plaintiff being dominus litis may choose the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief - This general rule is subject to the provisions of O.1.R.10(2) CPC which provides for impleadment of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Court has discretion to add a necessary or property party - A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a `necessary party' is not impleaded, the suit itself is..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleading of a party - Purchase of property during pendency of suit despite order of status quo - Property purchased without leave of Court - Order rejecting application for impleadment of transferee pendente lite, upheld...........

Showing : 191-200 of 531 Results