Showing : 11-20 of 332 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Defendant impleaded in the suit on the demise of her father and in substitution of her father and not owing to any independent right of defendant - Merely because nomenclature of O.1.R.10 CPC used would not change the position of law of defendant having come into the picture..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 9, Succession Act, 1925, Section 63-- Non-joinder of necessary party - Will - Petitioner claiming their entitlement only on basis of Wills and petitioner were justified in impleading only those legal heirs who were contesting Wills or were setting up a counter Will and excluding other legal heirs, if any, who were not disputing Wills...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 1, Rule 10-- Partition - Necessary party - Partition proceedings have been carried out without impleading all co-sharers which suffers from vice and even this aspect of matter has not been seen before passing order by Financial Commissioner - Order set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Impleading a party - Suit for possession by way of specific performance - During pendency of suit another agreement to sell executed by defendant in favour of petitioner - Application for impleadment of petitioner as party rightly allowed, as he is necessary party to the suit...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Proprietorship firm - Complaint against proprietor without impleading firm as party - Complaint is maintainable as proprietor himself is liable to pay amount of cheque as accused and complainant were having business transaction and cheque issued by accused (proprietor of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Municipal Corporation issued notice for unauthorized construction - Legality and validity of said notice challenged - Applicants claimed to have ownership rights in the suit house - Held, in the suit the only necessary and proper party is Municipal Corporation, who had..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10-- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights of other co-owners..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Court can implead necessary parties at any stage of case despite the fact that plaintiff is dominus litis of his case...........

Showing : 11-20 of 332 Results