Showing : 331-340 of 485 Results

KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Exercise of power U.O.1.R.10 CPC does not depend upon the volition of plaintiff as it is exclusively the Court's power...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for declaration that plaintiffs are exclusive owners of temple and have exclusive Archakship rights - Applicant also claiming right over temple and Archakship - Held, presence of applicant is necessary to completely adjudicate the nature of the right of the parties..........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115, Order 1, Rule 10-- Impleading of a party - Application rejected - Revision lies against order rejecting application...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 11-- L.R's - Impleading of beneficiary of Will - Allowed - Order upheld as in the matter of determination of legal representatives, the genuineness of Will is not to be final determined as inquiry for determination of legal representatives is summary in nature...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Impleading of legal representatives of deceased - Dispute between the parties as to who are legal heirs of deceased - Incumbent upon Court first to adjudicate on issue of legal representatives - Without such adjudication - Legal representatives cannot brought on record...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Hindu Marriage Act, 1955, Section 13-- Hindu Marriage (Punjab) Rules, 1956, R.10 - Adultery - Non impleading of adultator as a co-respondent - Petition is not maintainable for not joining necessary party...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47-- Objection by subsequent vendees of non-impleading - Prior to filing of suit property in dispute already sold - Fact mentioned in written statement - Despite this decree-holders chose not to implead subsequent vendees as parties - Decree not executable against subsequent vendees...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 1, Rule 9, Specific Relief Act, 1963, Section 10-- Agreement to sell - Suit for specific performance - Impleading of subsequent purchaser - Plaintiff sought a decree against defendant and subsequent purchaser for declaration that subsequent Memorandum of understanding between them was illegal - No question of subsequent purchaser not a necessary..........
ORISSA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 22, Rule 4(2)-- L.R's are entitled to take any defence appropriate to their character as legal representatives and can put all contentions which the deceased-defendant could have urged except only those which were personal to the deceased - Legal representatives are not prevented from setting up also their own..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1, 2-- Exclusion of time - Non joinder of necessary parties - Objection taken at initial stage - Despite that suit proceeded without impleading necessary parties - It cannot be said that plaintiff acted in good faith taking due care and attention hence not entitled to benefit of S.14 of Limitation Act...........

Showing : 331-340 of 485 Results