Showing : 1-10 of 25 Results

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..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Necessary party - Partition suit - All heirs in partition suit are entitled for share in suit property including daughters, irrespective of their marital status and any suit without impleading all legal heirs, is liable to be dismissed...........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleading of a party - Suit for partition and separate possession - Transferee pendente lite - Necessary party - Allowed to be impleaded as a party...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17-- Impleading a party - Subsequent vendees - Partition suit - Defendant sold out his part of suit property to vendees during pendency of suit - Vendees acquired right to participate in the suit as they have become co-sharers along with plaintiff and defendant - For proper adjudication of suit vendees..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for partition - It is only the co-sharers and not co-occupiers who are necessary parties - Co-occupiers are not necessary parties and for their absence, suit cannot be dismissed...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Impleading of a party - Suit for partition - Subsequent bona fide purchasers - Scope of relief in a suit for partition cannot be changed to a suit for eviction and possession by impleading third parties, who are neither necessary nor proper parties to the original suit...........

Showing : 1-10 of 25 Results