Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for realization of money instituted by a member against society - Society is a party to appeal and represents all its members in appeal/suit - Petitioner being members of society are not necessary parties to proceedings - Their presence is not required for effectually and completely..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Where party purchased suit property during pendency of suit, impleadment could be directed U.O.22.R.10 CPC and not U.O.1.R.10 CPC - Merely because while allowing such impleadment, Court referred to O.1.R.10 CPC, it would not render order..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Third party or a stranger to contract cannot be added as party to suit so as to convert a suit of one character into suit of different character, as they are not necessary parties...........
Civil Procedure Code, 1908, Order 23, Rule 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant as plaintiff - Permissible only on abandonment and withdrawal of suit by plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, 3, 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- LRs of a party cannot set up a different plea than one already taken until and unless they are impleaded in their individual capacity U.O.1.R.10 CPC - Impugned order of impleading LRs of defendant No.5 and amending written statement by treating it as a counter claim and..........
Hindu Marriage Act, 1955, Section 12, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Annulment of marriage - Impleading parents of wife - Proceedings for annulment of marriage is in between husband and wife - Impugned order allowing impleadment of parents of wife set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application U.O.1.R.10 CPC can be filed and allowed at any stage during pendency of proceedings and even at the appellate stage...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party is a party in whose absence no decree at all can be passed and suit is liable to be dismissed for want of necessary party - Non-joinder of necessary party in a suit is thus, fatal...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Object of O.1.R.10(2) CPC is that no `lis' should be dismissed on technical grounds but should be decided on merits...........