Showing : 11-20 of 48 Results

CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for partition - It is only the co-sharers and not co-occupiers who are necessary parties - Co-occupiers are not necessary parties and for their absence, suit cannot be dismissed...........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Eviction suit - Maintainability - All the legal heirs of original tenant are covered under the expression `tenant' and their no, impleadment would consequently be fatal for eviction suit - Suit, held, not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Cancellation of plot allotment in favour of subsequent purchaser without impleading him as a party defendant in suit despite knowledge about subsequent sale at the time of filing of suit - Non-joinder of subsequent purchaser, who is necessary party is fatal to case..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 1, Rule 10, Land Acquisition Act, 1894, Section 50(2), 18-- Execution proceedings - Necessary party - Non joinder - Acquisition of land for purpose of utilizing same by petitioner-company - Held, petitioner-company is proper party in all proceedings under Land Acquisition Act, 1894 and it has right of being heard...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Non-joinder of party - Party against whom no relief is claimed in application is not necessary party at all...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Necessary parties - Non impleadment - Once the Court comes to the conclusion that the suit is bad for non joinder of necessary parties, the suit cannot be dismissed and an opportunity has to be given to implead the said party as a party to the suit and proceed with the trial of the case according..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Panchayati Raj Act, 1994, Section 43, Rajasthan Panchayati Raj (Election) Rules, 1994, Rule 80-- Election petition - Necessary party - Non-impleadment of - Effect thereof - Held, in case necessary party has not been impleaded then petition can be dismissed after framing issue with regard to no, joinder of necessary party - But on this ground, election petition cannot be dismissed before..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 27, Rule 5-A-- Coal Mines Public Provident Fund Commissioner - In an earlier suit, held, to be a public servant - Suit withdrawn as notice required u/s 80 CPC was not issued - Fresh suit filed upon due notice - Union of India not impleaded as a party - Held, the question settled in the suit filed earlier that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Suit for mandatory injunction - Necessary party - Non-joinder of - New dealer appointed by defendant No.3 has not been made party to the suit, although his interests would also be adversely affected if the suit is decreed - Held, suit is bad for no, joinder of the said dealer who is necessary..........

Showing : 11-20 of 48 Results