Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Court has discretion to add a necessary or property party - A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a `necessary party' is not impleaded, the suit itself is liable to be dismissed - A..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking out or adding parties - O.R.1.R.10(2) is not about the right of a non party to be impleaded as party, but about the judicial discretion of the Court to strike out or add parties at any stage of a proceeding either suo moto or on the application of plaintiff or the defendant or on an applciaotn of a person who is..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of respondents as appellants in an appeal - Suit by Bank for recovery against principal debtor and guarantor - In appeal L.R's of guarantor, who had since died, sought transposition as appellants - Held, court has power to transfer a defendant to the category of plaintiffs and where the plaintiff agrees such..........
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...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Plaintiff is the dominus litis and he is to choose the defendants - However, Court has power to direct for addition of a person, if such person is a necessary or proper party - A person is a necessary party if in his absence no effective decree can be passed - He is a proper party if his presence is..........
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 -..........
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...........
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..........
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, then third party should not..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for specific performance - Two suits by two different persons qua same property and against same defendant - Plaintiff seeking his impleadment as a party in the second suit - Application dismissed - Held, proposed party must show some semblance of right and interest in the subject matter or a..........
