Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint to add certain persons as proforma defendants - Petitioners failing to prove the satisfaction of trial Court as to how such persons proposed to be brought on record as defendants are necessary for decision of suit - Not stated as to how they would be..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Expression 'to settle all questions involved' used in Order 1 Rule 10(2) is susceptive of liberal and wide interpretation so as to adjudicate all the questions pertaining to the subject matter of the suit, arising not only between the parties to the suit but also the third party whose presence..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - In two situations a party can be added (1) When a party ought to have been joined but not joined (2) Party to be added is necessary to effectively and completely adjudicate upon and settle all points involved in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - If a person is to be incidentally affected by the judgment, he is not to be joined as a party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - Necessary party - Is one in the absence of whom no order can be made effective nor the effective decree can be passed at all or in his absence it is not possible to adjudicate upon effectively and completely on the matter in controversy between the parties...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Eviction petition against one L.R. only of deceased statutory tenant - Amendment of plaint to implead all the legal representatives - as the statutory tenancy is heritable as such the remaining legal representatives may resist delivery of possession in case eviction order is..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party on the basis of Will - Will rendered otiose as the testator sold the property during her life time - On death of testator land was not left to be inherited by the applicant - No interest of applicant in the subject matter of suit - Applicant neither a necessary nor a proper party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Addition of a party - Transfer pendente lite from the defendant -neither a necessary nor a proper party - cannot be added as a party only because he would be affected by the judgment...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - A person not to be added as a party merely because he would be affected by the judgment - Main consideration is whether the presence of a such person is necessary to enable the court to adjudicate upon and settle the questions involved in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Bank loan to purchase Truck - Suit by Bank for recovery of loan amount - Truck insured - Application by defendant for impleading Insurance Company as a party to the suit - Insurance Company in no way of any assistance or the person who would be required for adjudication of the questions which were to be raised between the..........
