Showing : 181-190 of 534 Results

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..........
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..........
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, 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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4-- Impleading/substitution of legal representatives of the person who was dead before institution of suit - Question of limitation qua newly impleaded party, when raised, has to be decided at the time of deciding application and not at the time of deciding the main case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of subsequent vendees - Merely because principle of lis-pendence applies to sale in favour of subsequent vendees ipso facto is no ground to reject their prayer for being impleaded as defendants in suit particularly when vendor of subsequent vendees playing truant with Court - Vendor..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Subsequent vendee already impleaded as a party to the suit - Thus petitioner has snapped her ties with the litigation as soon as she lost her ownership rights over the property in dispute by way of sale and has nothing to look forward in the pending litigation except for..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of third parties as co-plaintiffs - Where substantial relief sought for is against a dead person, applicants/third parties have no locus standi or legal right for seeking an order to implead them in suit and cannot raise a plea that plaint should not be rejected U.O.7.R.11(a), (d) CPC..........

Showing : 181-190 of 534 Results