Showing : 181-190 of 567 Results

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-- 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..........
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...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Subsequent purchaser - At the stage of seeking leave to implead/carry out consequential amendment, it is not necessary to advert to any evidence in determining whether subsequent purchaser was indeed a bona fide purchaser...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Subsequent purchaser - Impleadment is permissible where proposed party claims through vendor and under a subsequent agreement - It is necessary to join subsequent purchaser in order to ensure that when decree is passed, subsequent purchaser can..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Prior agreement to sell - Mere agreement to sell does not create any interest in the petitioner enabling him to intrude in a suit filed by plaintiff - Moreover, in a suit for specific performance, a stranger or third party to contract cannot..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10-- Impleading of a party - Sale during pendency of suit - Sale by itself not void - Sale deed will remain valid subject to determination of dispute by Court - Pendente lite purchaser allowed to be substituted/impleaded U.O.22.R.10 CPC...........

Showing : 181-190 of 567 Results