Showing : 1-10 of 32 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is dominus litis in so far..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6-- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition suit set..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of pendente lite purchaser - Partition suit - Proposed defendant purchased property during pendency of suit and that too when injunction was operating against all defendants - Said alienation is hit by S.52 of T.P Act - Proposed defendant is not a necessary party to enable Court to..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Second appeal - Suit for partition - Court has discretion to implead any person at any stage for effective adjudication of suit - Court is competent to exercise this discretion even at second appellate stage to permit joinder of necessary parties to the suit - Once this..........

Showing : 1-10 of 32 Results