Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - To be allowed only after furnishing a copy of the application to the petitioner and affording him an opportunity to make submissions either orally or by filing a reply to such application - Proper procedure not followed - Impugned order set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - At appellate stage - Suit for possession - Patta issued in favour of plaintiff was cancelled way back in 1978 - Plaintiff neither in possession of suit property nor had any title - Subsequently qua the suit property patta had already been issued in favour..........
Civil Procedure Code, 1908, Order 1, Rule 10, Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Impleadment of husband/son - Suit for mandatory and permanent injunction filed by father-in-law against daughter-in-law - Plaintiff/father-in-law has not claimed any relief against son, thus he is not necessary party - But in view of fact that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Committee from interfering into possession of plaintiff over suit property - Petitioner is neither owner nor in possession of suit property - He cannot seek impleadment merely on basis that Municipal Committee not contesting suit properly - In case..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Stranger to agreement making a claim adverse to title of defendant by claiming right of co-sharership in suit property cannot be termed to be necessary party, nor proper party for adjudication of case on merits...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Order dismissing application U.O.1.R.10 CPC - Not appealable in terms of O.43.R.1 CPC and cannot be termed as interlocutory order - Petition u/art 227 of Constitution is maintainable against such an order...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of grandparents of child - Application for custody of child filed by mother - Mother of child stated that she was thrown out of matrimonial home - There is bitterness in relationships between father and mother of child and also petitioners - Effort on part of petitioners in connivance with father of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for cancellation of sale deed and permanent injunction - Application for impleadment rejected on the ground that plaintiff sought impleadment on the basis of sale deed which stands cancelled by Trial Court - However, said reasoning is incorrect, as sale deed is not cancelled so far -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Claim made by petitioner herein was negatived in earlier litigations - Petitioner is yet to establish his right - Presence of petitioner is not at all necessary for effective adjudication in inter se dispute between respondents family members - He is thus, not necessary party -..........
