Showing : 441-450 of 531 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - When a party has direct interest in the litigation, he cannot be prevented from coming on record to safeguard his interest - Application for Impleading as a party cannot be rejected on the ground that applicant has got effective alternative remedy by way of separate suit...........
BOMBAY HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 3-- In written statement defendant raising objection that certain persons who are necessary parties not impleaded - Plaintiff applying for impleading those persons Defendants raising objection as to limitation - Application dismissed - Held, plea of limitation can be raised only by party sought to be..........
RAJASTHAN HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 32, Rule 15-- Non impleading of guardian for a person of unsound mind - Not a formal defect but is a curable one - Plaint cannot be allowed to be withdrawn with permission to file a fresh one on the same cause of action...........
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..........

Showing : 441-450 of 531 Results