PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Recovery suit - Impleadment - No claim filed against petitioner - Held, they cannot be considered as necessary party - Application for impleadment filed by petitioners rightly dismissed - Revision dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Succession Act, 1925, Section 63, Civil Procedure Code, 1908, Order 1, Rule 10-- Grant of succession certificate - Impleadment - Revision petitioners have come out with serious objections questioning very authority of Committee which was allegedly formed before ever succession certificate is issued to respondent-committee - Original Will also in custody of revision petitioner..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 10A, Civil Procedure Code, 1908, Order 1, Rule 10-- Death of defendant - Duty is of counsel to inform Court and other party of the death of his client - Limitation to file an application to bring L.R's on record commences from the date, on which counsel informs Court and the other party - Having not done so, proposed respondents cannot resist the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for specific performance - Person holding earlier agreement - Court deciding a claim for specific performance cannot adjudicate on the enforcement of an earlier agreement - Not a necessary party - Dismissal of application call for no interference...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Applicant being purchaser of suit property at the time when no proceeding was pending between the parties - Proceedings have been initiated subsequently - Held, applicant is certainly necessary party to litigation - Impleadment application allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4-- Impleadment - Suo motto exercise of power by Court - Parties are locked in horns fighting bitterly - Held, Court suo motu directed impleadment to ensure that the case is not knocked off on a needless technical plea - Indeed the rules of procedure applicable in Courts of Punjab and Haryana allow..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 20-- Regular Second Appeal - Impleading of a party - Third parties can be impleaded as proper parties to a R.S.A. even when they were not parties to the suit or to the appeal therefrom - O.1.R.10(2) CPC enables Court to implead necessary and proper parties at any stage of the suit in order to..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleadment of party in execution - Purchaser of property - Sale of property by one of the decree holders after his right was determined upto High Court - Impleadment sought during pendency of suit is quite different as property cannot be alienated without permission of Court as transfer is barred..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Money suit - Proprietor of firm - Impleadment as defendant - Validity - Held, his presence is essential and necessary for just decision of case inasmuch as u, disputedly he was proprietor of firm from whom recovery was sought by plaintiff - No infirmity or illegality in impugned order - Petition..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit challenging notice to remove encroachment allegedly made on public way - Third party are adjoining land owners and as a result of unauthorised construction raised by plaintiff, their right to access is affected - Applicants have existing cause of action against..........