PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Injunction suit - Co-sharer - In a suit for injunction, ordinarily co-sharer has no right to seek impleadment...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Suit against a dead person is not competent...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleading of a party - Purchase of property during pendency of suit despite order of status quo - Property purchased without leave of Court - Order rejecting application for impleadment of transferee pendente lite, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 9, 10-- Necessary party - Application for impleadment of a necessary party can be filed at any stage of proceeding provided the Court is satisfied that exceptional circumstances prevailing in the case, warrant the impleadment. (AIR 1987 SC 1970 followed)...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit - Defendant having..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for partition - Impleading at the stage of final decree - Transferee pendente lite - Sale deed executed in defiance of injunction order - Impugned order rejecting application set aside - Impleadment application allowed...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 166, 168, 173, Civil Procedure Code, 1908, Order 1, Rule 10-- Motor Vehicle accident - Claim petition - Dismissal on ground that true owner of offending vehicle is not impleaded, without recording any finding as to ownership of vehicle - Held, not sustainable - When Tribunal can implead any person who ought to have been impleaded and whose presence is found..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for recovery of damages filed on behalf of partnership firm, alleging that firm stands dissolved - Third party moved application to become party to the suit alleging that firm is still subsisting - Held, if impleadment third party is likely to widen the scope of inquiry,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for injunction against Municipal Council seeking to restrain it from interfering in peaceful possession over the private passage - Plaintiff claiming it to be a private street whereas applicant claiming it to be a public street in which he has equal right as his..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Transfer of property during pendency of litigation without permission of Court - Such transfer is hit of doctrine of lis pendens - Transferee pendente lite is not entitled to be impleaded as a party to the suit as of right...........