Showing : 171-180 of 530 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Plaintiff seeking impleadment of DDA and brother of defendant as party defendants - Suit property belonged to original owner by way of perpetual lease deed given by DDA - Various questions would arise regarding validity of sale done by brother of defendant..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 99, Order 1, Rule 10-- Defect of formal nature - L.R's impleaded - Wrong description as owners as heirs whereas they are alleged to be owners in their own right - Such defect does not in manner affects merits, jurisdiction and maintainability of suit merely on account of wrong description which does not in any manner..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 146, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleading a party - Transferee pendente lite - If the person sought to be impleaded as party is legal representative of a party to the suit, it is sufficient for Court to order impleadment/substitution of such person - A transferee pendente lite is a legal representative of the party...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Power to add a party is either on application or suo motu by Court of its own motion to be based on judicial discretion irrespective of consent of party or opposite party concerned to the lis...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Subsequent transferee during pendency of suit - Application U.O.1.R.10 CPC is not maintainable - It is always open to subsequent transferee to prosecute the matter by moving an application U.O.22.R.10 CPC which would then be considered by Court...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Scope of provision of O.1.R.10 and O.22.R.10 CPC is quite different - If an application is filed U.O.1.R.10 CPC then it means that applicant is claiming his right of contest in his own capacity independently, without being governed by the stand taken by initial plaintiffs including the one who has..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Subsequent transferee - It is application U.O.22.R.10 CPC which is maintainable and not application U.O.1.R.10 CPC - Scope and ambit of the two provisions is quite different - In the case of subsequent transferee when application is filed U.O.1.R.10 CPC it is not maintainable - Such an application..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Limitation Act, 1963, Section 21-- Application for transposition - Limitation u/s 21(2) of Limitation Act does not apply in case of transposition, where a plaintiff is made a defendant or a defendant is made a plaintiff...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Application for transposition at appellate stage - Transposition is permissible even at the appellate stage as appellate court u/s 107 CPC has same powers as court of original jurisdiction i.e. trial court, therefore, O.1.R.10 CPC is applicable at appellate stage also...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Application for transposition at appellate stage - Respondent No.3 filed an application for transposition as appellant in appeal filed by legal heirs of plaintiff - He was already arrayed as defendant in suit and also as a respondent in said appeal and was also examined in the proceedings as..........

Showing : 171-180 of 530 Results