Showing : 21-30 of 72 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - A stranger to the contract making independent claim adverse to the title of vendors is neither a necessary party nor proper party to join as defendant in a suit for specific performance of contract of sale...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Registered sale agreement executed in favour of third party before institution of suit - Such transaction is not hit by S.52 of Transfer of Property Act - Held, such third party is necessary and proper party especially when his vendors are..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Applicant claiming development rights in respect of part of suit property by entering into an agreement with the third parties - Such agreement entered into much after the agreement which is subject matter of suit - Applicants are neither..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleading a party and amendment of plaint - Suit for specific performance - Plea in written statement that wife is owner of part of the property - Proposed party is the wife of the defendant and she is owner of part of the property and her presence would be necessary to enable the court 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..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 2, Rule 1-- Agreement to sell - Suit for specific performance - Necessary party - Determination - Held, two tests are to be satisfied for determining the question who is a necessary party - Tests are - (1) there must be a right to some relief against such party in respect of the controversies involved in the..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of party - Suit for specific performance - Applicant sought his impleadment on the ground that the property in question is HUF property - Held, whether the disputed property is HUF or not cannot be decided in the suit for specific performance of agreement - Applicant is neither..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for specific performance - Held, in a suit for specific performance, only the issues relating to specific performance i.e., whether defendant executed agreement/contract and whether such contract should be specifically enforced or not would arise - Scope of the suit..........

Showing : 21-30 of 72 Results