Showing : 121-130 of 296 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Eviction petition - Impleadment sought on the basis of sale deed executed in their favour - Sale deed under challenge and one criminal case also pending - In an eviction petition question of ownership is not required to be determined - In an eviction petition except the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Suit for specific performance - A person entering into agreement to sell with the prospective vendees - One of the prospective vendees denied the execution of the agreement in favour of applicant - Even after execution of the main agreement to sell, no right has been vested..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Transferee pendente lite - The status of transferee pendente lite cannot be treated as of a stranger and is presumed to have constructive notice of lis pending in the court, therefore, he has to sink and swim together with transferors, as such, he is not a necessary party...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Suit for mere injunction - Purchaser pendente lite - Plaintiff cannot be compelled to implead pendente lite purchaser when he is having no threat of dispossession at his hands - Dismissal of application, upheld...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 3B-- Impleadment of State - Failure to implead in appeal - Duty of appellate Court - State was impleaded as a party U.O.1.R.3-B of the Code before trial Court - By defect/default, appellant/plaintiff failed to implead State as a party/respondent - Held, appellate Court should have pointed out this..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8-- L.R's - Execution - O.22.Rr.3, 4 & 8 not applicable to execution proceedings - Execution proceedings do not abate for non impleading of L.R's - L.R's can be impleaded at any time in Execution proceedings - There is no bar to file a fresh Execution Petition also with the legal representatives on..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Suit for specific performance - Pendente lite purchaser - When party sought to be impleaded is not claiming any independent title and they are claiming title through one of the parties, they are necessary and proper party and they are liable to be impleaded as parties to..........
KERALA HIGH COURT
Year of decision: 2010
Details
Advocates Act, 1961, Section 49(1)(c), Constitution of India, 1950, Article 165-- Advocate General - Restriction on appearance for private party - Held, Advocate General of a State is not disabled from appearing for a private party except against the State of which he is the Advocate General unless he is expressly disabled by any further specific provision in the Constitution..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleading of a party - Transferee pendente lite - Cannot be impleaded as a party to the suit...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38-- Impleadment of a party - Suit for injunction - Plaintiff has the prerogative to choose his opponents in a suit for injunction - No body can claim right to get himself impleaded to the dislike of the plaintiff - It is only when allegations of collusion or fraud are made that trial Court can..........

Showing : 121-130 of 296 Results