Showing : 11-20 of 51 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10-- Maintenance - Impleadment - Necessary party - Maintenance was fixed and created charge on land - Wife has challenged transfer deed executed by husband in favour of grand son of brother only to limited extent that she has a preferential right of maintenance - Exercise of power u/O.1.R.10 CPC is not..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Plaintiff is dominus-litius and is not bound to sue every possible adverse claim in the same suit and he may choose to implead only those persons as defendants against whom he wishes to proceed - However, Court at any stage of suit, may direct addition of parties -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Second appeal - Suit for partition - Court has discretion to implead any person at any stage for effective adjudication of suit - Court is competent to exercise this discretion even at second appellate stage to permit joinder of necessary parties to the suit - Once this..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Mere interest of a party in suit cannot be true test for being impleaded as party - Only a necessary and proper party may be added - Plaintiff being dominus litus, cannot be forced to add parties against whom he does not want to fight unless by compulsion by law -..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance - Strangers to the contract who are claiming their rights over the suit property as legal heirs of deceased/original propositus - They are not necessary parties - However, if they have any rights in the suit property, it would open to them to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance - Necessary and proper party - Parties that are neither signatory nor claiming any title through or under parties that are signatory to the Agreement would not assist the Court in effectually and completely adjudicating upon or settling all..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a third party - Suit for declaration - Petitioners seeking impleadment on the basis of agreement of sale - Cause of action of petitioners falls outside the scope of suit as nature of suit will change if they are permitted to be impleaded in the suit - Petitioners are not at all..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 92, Order 1, Rule 3-- Trust property - Suit by trustee - Permissibility - Suit by trustee to protect trust property - Trial Court granted permission to maintain suit against Managing Committee of Trust - Permission to sue purchasers of trust property from Management Committee rejected on ground that purchasers were..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value..........

Showing : 11-20 of 51 Results