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Results of non joinder of necessary party

Showing : 1-10 of 77 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Nothing but a bundle of facts and therefore, cause of action or joinder or misjoinder of party, cannot be made subject matter of exercise of O.7.R.11 CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........

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,..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot be cured by impleading them..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to take contention that party is..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party is a party in whose absence no decree at all can be passed and suit is liable to be dismissed for want of necessary party - Non-joinder of necessary party in a suit is thus, fatal...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 9, Succession Act, 1925, Section 63 -- Non-joinder of necessary party - Will - Petitioner claiming their entitlement only on basis of Wills and petitioner were justified in impleading only those legal heirs who were contesting Wills or were setting up a counter Will and excluding other legal heirs, if any, who were not disputing..........

Showing : 1-10 of 77 Results