Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is only if a party is a necessary or a proper party that they can be directed by Court to be joined in the proceedings - If a person is not found to be a necessary or proper party, Court has no jurisdiction to order impleadment against the wishes of plaintiff...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Non impleading any other person as defendants against the wish of plaintiffs shall be at the risk of plaintiffs...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Subsequent purchasers - Not to be impleaded as party defendants in the application submitted by original defendants, that too against the wish of plaintiffs - Not impleading any other person as defendants against the wish of plaintiffs shall be at the risk of plaintiffs...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Plaintiffs are domius litis and nobody can be permitted to be impleaded as defendants against the wish of plaintiffs, unless Court suo motu directs to join any other person not party to suit for effective decree and/or for proper adjudication as per O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - When Court is satisfied that suit has been instituted due to a bona fide mistake, it can allow any party to be implead at any stage of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicants had purchased the suit land through registered sale deed - They are thus, necessary parties to be impleaded in the proceedings for proper adjudication of case - Application for impleadment of applicants rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint to strike out the name of defendant No.3 from array of parties - In case name of defendant No.3 is deleted it would lead to multiplicity of litigation - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21(1) -- Proviso - Impleadment of a party - Suit by tenant u/s 6 Specific Relief Act - Impleadment of new tenant - Non-impleadment of new tenant within statutory period prescribed u/s 6 of Specific Relief Act, was due to bona fide mistake and because of lack of plaintiff's knowledge about the fact..........
