Showing : 31-40 of 44 Results

ORISSA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non - joinder of necessary party - Construction of - Property inherited by widow, son and daughter after death of deceased - Suit for possession by widow alone - Remaining heirs added as proforma defendants - Not likely to be affected by decree - Even decree would not be against their interest -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Consumer Protection Act, 1986, Section 13(4),(5),(6)-- Consumer Protection Rules, 1987, Rule 14(1) (b) - Medical negligence - Necessary party - Non joinder of treating doctor and nursing staff even after the direction given by the Commission - It cannot result in dismissal of the original petition as a whole...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Consumer Protection Act, 1986, Section 13,(4),(5),(6)-- Consumer Protection Rules, 1987, Rule 14(1) (b) - Medical negligence - Necessary party - Non impleading the treating doctor as party - Hospital made party - Summary dismissal of the petition by the Commission on the question of non-joinder of necessary parties held not proper - The..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Licensee - Suit for declaration and possession - Children residing with licensee - Not necessary party and decree passed against licensee binds children - Dismissal of suit for non-joinder of children of licensee, not proper...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47-- Execution - Non joinder of a party who is not necessary party to the suit - Does not render the decree a nullity...........
THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH
Year of decision: 2004
Details
Consumer Protection Act, 1986, Section 11(2),2(1),(g)-- Telephone connection - Application for - Territorial jurisdiction - Necessary party - Non joinder of - General Manager, Telephones Patiala under whose area telephone exchange falls not made party - Findings of the District Forum that an executable decree can be passed in this case without..........
CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, RAIPUR
Year of decision: 2004
Details
Necessary party-- Complainant directed transporter to deliver the goods to consignee - Non delivery of goods - Complainant booked transporter for consideration - Transporter owed an obligation towards complainant - Consignee not necessary party - His non joinder would not make the complaint incompetent...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2000
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Adultery by wife - Adulterer is a necessary party - Divorce petition is liable to be dismissed for non-joinder of such necessary party...........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 1, Rule 3, 8-- Suit against unregistered body - Every member thereof, has to be impleaded as necessary party - If members are numerous, it is open to party suing to sue only a few members in representative capacity - Opportunity is to be given to party suing either to implead all members, if possible, or to..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 11-- Non joinder of necessary party - Issue was tried as preliminary issue and negatived - On revision, High Court confirmed the same - S.11 envisaging the principle of res judicata stands in the way of the respondent to say that suit is bad for non joinder of necessary party...........

Showing : 31-40 of 44 Results