Showing : 191-200 of 304 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Necessary party - Impleadment of a necessary party is mandatory and in case of non-joinder of necessary party, plaintiff may not be entitled for the relief sought by him...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Suit for specific performance - A person entering into agreement to sell with the prospective vendees - One of the prospective vendees denied the execution of the agreement in favour of applicant - Even after execution of the main agreement to sell, no right has been vested..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Suit for injunction - Applicant claiming continuing title over disputed land - He did not say that he was not in possession - Held, a person who asserts title and does not specifically say in application that he is not in possession it may be presumed that he is asserting..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Construction raised despite order of status quo - Ordered to be demolished - Third party claiming it to be his construction and raising plea that order of demolition is passed without hearing him - In the mean time petitioner filed application for impleadment as a party - Held, in case petitioner..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of Arbitrator - Tripartite construction agreement entered into between developer, owner of land and purchaser - Appellant bank not privy to such agreement - Separate agreement between bank and purchaser - Arbitration clause of construction agreement invoked by purchaser - Bank sought..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Should be allowed to be brought on record as party to the suit or appeal - However, when Court thinks that such a impleadment is vexatious or designed to unnecessarily protract litigation, Court may refuse to add transferees pendente lite to the suit, appeal or..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Plaintiffs sought for amendment incorporating owner and landlord of property as a party in suit as suit was filed before Judge Small Causes Court by a person who was holder of power of attorney on behalf of owner/landlord - Only array of parties was considered and nature of..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Eviction petition - Death of tenant - Application for impleadment moved by petitioners, who were joint tenants, rejected by Prescribed Authority - Validity - Held, decree passed against joint tenant would bind other heirs of deceased tenant though they were not impleaded..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 3B-- Impleadment of State - Failure to implead in appeal - Duty of appellate Court - State was impleaded as a party U.O.1.R.3-B of the Code before trial Court - By defect/default, appellant/plaintiff failed to implead State as a party/respondent - Held, appellate Court should have pointed out this..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 15-- Appeal - Necessary party - Impleadment of nonparty/ third party - Appellant - OP impleaded non - party/ third party on the ground that such third party is also liable either partly or wholly, even though the complainant has not sought any relief against a third party - Complainant before the..........

Showing : 191-200 of 304 Results