Showing : 441-450 of 501 Results

ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Claim against proposed party already barred by limitation - Said person cannot be permitted to be impleaded...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1994
Details
Limitation Act, 1963, Section 21(1)-- Proviso - Impleading of a party subsequent to the filing of suit - Court can direct that such impleading shall be deemed to be from date of suit if party was not impleaded originally due to mistake made in good faith, for purpose of limitation...........
ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Plaintiff not joining party who ought to have been joined - Court can order joining of such party at any stage of proceedings even without an application - Theory of dominus litus - Should not be overstretched...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleading of L.R.'s - Giving effect to order - Is only a ministerial/administrative act, to be carried out by Court officers or by Presiding Officer himself - Such an order gives no right to plaintiffs, defendants or legal representatives to file amended pleadings...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit filed against a dead person - Impleading of LR's of dead person - Application U.O.1 R.10(2) filed immediately after the date of knowledge - Suit against the newly sub-stituted LR's still within time if filed afresh - Mistake in impleading dead person bonafide - Trial Court rightly allowed the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1993
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 22-- One `C' declared unauthorised occupant and his eviction ordered - Appeal also dismissed - During pendency of writ petition death of petitioner - Impleading of L.R's - Held, since the petitioner was declared unauthorised occupant before the inheritance opens, and the lease was never extended, there..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Impleading of legal representatives - Two persons claiming to be impleaded as L.R's on the basis of Will in favour of each of them - Two courses are open for the Court (1) To allow both of them to be impleaded as L.R. and their interse dispute to be decided in a separate suit (2) Court should..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Application for impleading legal representative allowed - Not a bar to similar application filed by another legal representative for the same purpose - Court has to see whether person sought to be impleaded is a person interested in the litigation...........
MADRAS HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 33, Rule 11-- Suit in forma pauperis - Death of plaintiff - Impleading of L.R's - Dismissal of suit - Order for payment of Court fee against L.R's - Plea that they are not liable to pay the Court-fees either personally or from out of their properties and if at all they are liable only to the extent of the..........
KERALA HIGH COURT
Year of decision: 1993
Details
Co-owner-- A co-owner is entitled to recover possession of the building without impleading the other co-owners as parties to the suit. (Civil Procedure Code, 1908, O.1 R.9)..........

Showing : 441-450 of 501 Results