Showing : 31-40 of 339 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Subsequent purchaser - Defendants already proceeded ex parte and there is no one to contest the suit except the subsequent purchasers to protect their rights as decision of suit has direct effect on their rights - Order allowing impleadment as a party, upheld...........
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..........
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, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to the suit -..........

Showing : 31-40 of 339 Results