Showing : 271-280 of 567 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 37-- Injunction - Necessary party - Impleadment of - Dispute regarding property of mother of petitioner/plaintiff and respondent/applicant (brother of petitioner/plaintiff - Present suit has been filed by petitioner/plaintiff without impleading respondent/applicant his brother as a party and without..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Agreement to sell - Suit for specific performance - Impleading of a party - Proposed party having no fair semblance of title to come on record - Application dismissed - Order upheld...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 59(2), Order 1, Rule 10- - Proper and necessary party - Impleadment of - Word "Shall" in S.59(2) - Held, a person claiming to hold the land through the land-holder whether as tenant or otherwise shall be joined as a party - The words shall therefore is mandatory and thus legislative intent is clear that a suit will proceed..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Scope - Held, O.1.R.10(2) CPC does not speak about the right of a no, party to be impleaded as a party - It speaks about judicial discretion of Court to strike out or to add parties at any stage of a proceeding - Discretion under said Rule can be exercised either suo motu or on..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Intervener - There is no finding recorded by Court below that in absence of interveners relief claimed by plaintiff cannot be granted in his favour - On other hand, nature of claim stated by intervener appears to be not entertainable and is not related to claim of plaintiff - Held,..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 10(1), Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - May not be a necessary party to be impleaded U.O.1.R.10 CPC - However, he is entitled to step in the shoes of the litigant whose interest is devolved upon him - S.52 TPA is not an embargo for permitting the assignee to step into the shoes of the litigating party on the..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for specific performance - Son of defendant No.1 seeking impleadment on the plea that suit property is ancestral property and he has interest therein and therefore he is a necessary party - A stranger to contract for sale claiming independent title is not a necessary..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Sub-broker - Defendant No.14 claims that sub-broker of defendant No.14 in suit transaction is a necessary party - Defendant No.14 has made a claim in his written statement without filing a counter-claim against plaintiffs - Plaintiffs make no claim upon sub-broker - Held,..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - An attesting witness to an agreement to sell is neither a necessary party nor a proper party to a suit for specific performance...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Addition of parties - Judicial discretion - Held, question of addition of parties U.O.1.R.10(2) CPC is generally not one of initial jurisdiction of court - It is of a judicial discretion which has to be exercised in view of all the facts and circumstances of each case - What is to be seen is that..........

Showing : 271-280 of 567 Results