Showing : 441-450 of 908 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, Civil Procedure Code, 1908, Order 27, Rule 1-- Necessary party - Suit for declaration seeking certain rights over the suit land admitting that land belonged to State Govt. - If any relief is claimed against the State, then State is a necessary party - In absence of owner of the land, no such declaration can be granted - In absence of State..........
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...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 9-- Plaint - Amendment - To implead a necessary party and seeking relief of mandatory injunction against him - Objection raised by defendant in his written statement as to non joining of necessary party - To remove that objection plaintiff sought the amendment - Amendment application cannot be..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non joinder of necessary party - Where a suit is found to be bad for non joinder of necessary party, Court not to dismiss the suit without affording an opportunity to the plaintiff to implead the necessary party...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - If the owner of a tenanted property enters into an agreement for sale of such property without physical possession, in a suit for specific performance by the purchaser, the tenant would not be a necessary party - But if the suit for specific performance is filed with an..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - If application is made by plaintiff for Impleading someone as a proper party, subject to limitation, bonafides etc., Court will normally implead him, if he is found to be a proper party - However, when non party makes an application for impleadment as a proper party Court..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Plaintiff being dominus litis may choose the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief - This general rule is subject to the provisions of O.1.R.10(2) CPC which provides for impleadment of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
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..........

Showing : 441-450 of 908 Results