Showing : 21-30 of 57 Results

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..........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Dismissal of application - Validity - Vendee filed suit for specific performance of agreement - Subsequently, vendor fled suit for declaration that documents relied upon by vendee in his suit for specific performance are null and void, forged and fabricated - Controversy in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Succession Act, 1925, Section 69-- Impleadment - Necessary party - Claim of both parties based on two different Wills - Respondents No.1 and 2 allowed to be impleaded as party in suit - Held, petitioner should have also been impleaded as plaintiff as both parties are contesting regarding their claim on basis of two different Wills..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Succession Act, 1925, Section 63, Civil Procedure Code, 1908, Order 1, Rule 10-- Grant of succession certificate - Impleadment - Revision petitioners have come out with serious objections questioning very authority of Committee which was allegedly formed before ever succession certificate is issued to respondent-committee - Original Will also in custody of revision petitioner..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Applicant being purchaser of suit property at the time when no proceeding was pending between the parties - Proceedings have been initiated subsequently - Held, applicant is certainly necessary party to litigation - Impleadment application allowed...........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 20-- Regular Second Appeal - Impleading of a party - Third parties can be impleaded as proper parties to a R.S.A. even when they were not parties to the suit or to the appeal therefrom - O.1.R.10(2) CPC enables Court to implead necessary and proper parties at any stage of the suit in order to..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Necessary parties - Non impleadment - Once the Court comes to the conclusion that the suit is bad for non joinder of necessary parties, the suit cannot be dismissed and an opportunity has to be given to implead the said party as a party to the suit and proceed with the trial of the case according..........

Showing : 21-30 of 57 Results