Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of defendant No.2 as a party - Suit for injunction and cancellation of election - Application by one of the defendants (elected President of society) for deletion of co-defendant (former President) from suit on the ground that no relief has been claimed against him - Petitioner being co-defendant has no locus to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - A person who is not a necessary or proper party cannot be permitted to be fastened upon the plaintiff in absence of any relief - Once authorities have already initiated action at their behest, his presence would not help Court in adjudication of the lis...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff being dominus litis cannot be forced to add any person as a party to the suit unless pleadings and relief claimed therein that a person sought to be impleaded as a party is necessary party and without his presence neither the suit can be proceed nor the relief can be granted...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Article 14 -- Impleadment of a party - Limitation - Suit for price of goods sold and delivered - `H' was impleaded as plaintiff No.2 - However, order does not reveal that newly impleaded plaintiff shall effect from the date of institution of the suit - Thus, limitation will begins to run from the date of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of tenant - Partition suit - Court suo moto impleaded Manager of Bank as a party to suit, who is tenant - Tenant is neither a necessary party nor a proper party in a suit for partition - Impugned order of impleading tenant in a partition suit, set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchasers of undivided share prior to institution of suit are necessary parties - Plaintiffs omission to array said purchasers necessitates reconsideration of matter after affording an opportunity to purchasers...........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19(b) -- Impleadment of party - Dismissal of application - Suit for specific performance was filed in July 2007 - Written statement came to be filed by defendants in May 2018 after about 11 years of filing of the suit - Petitioner had purchased suit property vide two sale deeds and thereafter..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Impleadment of LRs of tenant - Landlord is not required to implead all LRs of deceased tenants, as interests of all legal heirs who have inherited tenancy as joint tenants can be duly represented by one legal heir who rather acts as an agent of others - Legal heirs are not tenants..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction and recovery of possession - Part of suit property alienated to wife of defendant - Interevenor is thus a necessary party to suit - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
