Showing : 271-280 of 484 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52-- Impleading of a party - Transferee pendente lite without authority of Court - Neither necessary nor proper party - As regards jeopardizing interest of a person who is not a party to the suit, held, if a person is not a party to a suit, the decree does not affect him unless the judgment is in rem..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave of Court cannot..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary & Proper parties - Suit for permanent injunction - Application for impleading party as defendant - Applicant necessary & proper party - Although plaintiff has right to choose defendant in suit for permanent injunction, yet he cannot be permitted to omit necessary & proper parties...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary & proper party - Suit challenging sale deed executed by father - Application under order 1 rule 10 by father for impleading party - Allowed by Trial Court - Order challenged on the ground that suit qua father had become time barred - Suit filed with in the limitation period - After..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 111(h), 106, Civil Procedure Code, 1908, Order 1, Rule 9-- Eviction petition - Death of landlord - One of heirs to whom rent is paid and who receives the same on behalf of estate, is landlord - Suit for eviction filed by such landlord is maintainable without impleading other heirs who have no objection to suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Enlargement/Introduction of new controversy by impleading parties - Suit for cancellation of sale deed and for possession of land - Alternative prayer for recovery of sale consideration - Defendant alleging payment of sale consideration through cheques drawn on different branches of bank -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Determination of question as to legal representative - Plaintiff died - On application for impleading as LRs the Trial Court held respondent as LR of deceased - Order not challenged, attained finality - Cannot be re-opened in appeal - Question as to who is LR of a party to suit is required to be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of - Transferee during pendency of suit - Suit for specific performance of agreement of sale - During pendency of suit vendor executed release deed qua land in dispute in favour of her brother - Vendee amended plaint challenging legality and validity of release deed - Application by..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Constitution of India, 1950, Article 226, 227-- Non impleading of necessary parties - Effect - Writ for quashing election of Office bearers of Executive Board - New Office bearers not made party - They are affected parties - No adverse order can be passed without affording them opportunity to present their case - Non impleading of newly elected..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Subsequent purchaser - Bona fide purchaser for consideration without notice - Question can only be decided when such applicants are allowed to lead evidence - Application allowed...........

Showing : 271-280 of 484 Results