Showing : 31-40 of 332 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Necessary and proper party - A necessary party is the person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a necessary party is not impleaded, the suit itself is liable to be dismissed - A `proper..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - There is no hard and fast rule that subsequent purchaser during pendency of suit can never be impleaded as a party - Court has discretion to add any person as party to suit, who is found to be a necessary or proper property...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Transferee pendente lite - Purchasers claim that they have become co-sharer in the suit land - Presence of subsequent purchasers is necessary for complete and effective adjudication of dispute - Application rightly allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Recovery suit - Person sought to be impleaded as a party had already sold the land and purchasers already a party to the suit - Held, seller not a necessary party and his presence not at all required to enable Court to effectually and completely adjudicate upon and settle all..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10-- Impleading a party - Suit for declaration - Real dispute in suit is about inheritance to the estate left by deceased - Respondents No.1 to 5 being natural heirs of deceased were necessary and proper parties to suit - Presence of respondents was necessary for determination of real matter in dispute..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Before a new party is impleaded notice must be issued to proposed party and not after Court comes to conclusion that proposed party is a necessary party - However, even if a party is impleaded without issuing any notice to it, an opportunity to file application U.O.1.R.10(2)..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Constitution of India, 1950, Article 227-- Impleading a party - Application rejected by trial Court - Writ petition filed U/Art. 227 of the Constitution - In the writ petition, a notice must be issued to the proposed party as in case writ petition is accepted and it is held that proposed party is a necessary party, opportunity to file..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Necessary party can be impleaded at any stage of the suit for effective adjudication of controversy involved in the suit - Mere fact that application is moved at belated stage is no ground to decline impleadment...........

Showing : 31-40 of 332 Results