Showing : 1-10 of 21 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 15-- Non-joinder and misjoinder of parties - Partition decree - Execution proceedings - Decree holder filed execution proceedings - Neither JD nor Collector were made party to execution proceedings - Execution proceedings suffers from no, joinder and mis-joinder of parties and thus, dismissed...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3-- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are questions of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 2, 3-- Misjoinder of parties - Held, there are two tests, which must be applied to gauge whether a suit instituted against several defendants is justified or not - If relief in respect of a series of transactions indulged by some of defendants is on a basis that they were not entitled to indulge in such..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - It is not case of defendant that plaint does not disclose any cause of action - Rejection of plaint sought on grounds of misjoinder of parties or non filing of documents despite time having been given by Court - Held, these are not the grounds for rejection of plaint..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10-- Plea - Abandonment - Suit for permanent injunction - Plea as to non joinder of necessary parties - Evidence not led on that point - Suit proceeded with consent of defendant who invited finding without objection - Held, it amounts to abandonment and plea of misjoinder cannot be raised by defendant..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 1, 3, 9, Civil Procedure Code, 1908, Order 2, Rule 3-- Misjoinder of parties or misjoinder of cause of action - Court may exercise the power either by ordering separate trials of the claims, in respect of two or more causes of action included in the same action or by confining the action to some of the causes of action and excluding the others or by..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 1, Rule 2-- Mis-joinder of parties or cause of action - Barred by any law - Rejection of Plaint - A suit barred for misjoinder of parties or of causes of action - Not barred by law within the meaning of order VII Rule 11 (d) of the Code...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 1, Rule 1, 3, 9, Civil Procedure Code, 1908, Order 2, Rule 3-- Misjoinder of parties or misjoinder of causes of action - Defect does not make the suit barred by law or liable to rejection...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 99, Order 1, Rule 9-- Misjoinder and non joinder of necessary parties - Decree cannot be reversed in appeal on account of any misjoinder of parties or causes of action or non-joinder of parties unless a Court finds that the non-joinder is of a necessary party...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, 2-- Misjoinder of parties or misjoinder of causes of action - It is a procedural objection and not a bar to the entertaining of the suit or the trial and final disposal of the suit - Court has the liberty even to treat the plaint in such a case as relating to two suits and try and dispose them off on..........

Showing : 1-10 of 21 Results