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KARNATAKA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of subsequent agreement holder - Plaintiff opposed to such application - Plaintiff who is dominus litis, cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of rule of law - Application rightly dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit - Proposed defendant was not a party to transaction in question between plaintiff and defendant - No privity of contract between plaintiff and proposed defendant - Proposed defendant cannot be construed to be a necessary party...........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a necessary and proper party - Petition can be filed at any stage of proceedings and an opportunity is to be given to them, if they are directly affected by the result of suit...........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where plot owners welfare organization is representing on behalf of plot owners effectively, each individual plot owner need not come on record by way of filing impleadment applications, as they need not contest the matter independently - Order allowing impleadment application set aside...........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Plaintiff is dominus litis and has right to implead any person as a party against whom he seeks relief in the suit, but in the garb of such right, he can neither deprive a person who has vested right in the property-in-question nor can get suit decided malafidely in collusion...........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - If plaintiff does not intentionally implead a necessary or proper party, Court has right to implead said party on its application...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Respondent who impleaded is not any private person who could introduce new defences, except those which were available to existing respondents - Moreover, addition of respondent is only extension of existing respondents to facilitate Court proceedings - No prejudice is caused by..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Applicant having interest in the title of suit property - In order to ensure that suit did not suffer from non-joinder of relevant and necessary party, impugned order of allowing impleadment of respondent in no way prejudices interests and rights of landlady, which will be finally..........

Showing : 41-50 of 1006 Results