Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section 146 -- Transferee pendente lite - Question of necessary or proper party is not required to be considered for impleading a transferee pendente lite - If person sought to be impleaded as a party is legal representative of a party to the suit, it is..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objection as to legality and validity of Commissioner's report, if not redressed by trial Court, same can be raised in appeal - Even if objections raised to the report of Local Commissioner are rejected, aggrieved party can still agitate the legality and validity thereof at the time of final..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Doctrine of dominus litis - Plaintiff is dominus litis - Applicants cannot force plaintiff to litigate against them - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - There is no hard and fast rule that subsequent purchaser during pendency of suit can never be impleaded as a party - Court has discretion to add any person as party to suit, who is found to be a necessary or proper property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Subsequent purchaser - Defendants already proceeded ex parte and there is no one to contest the suit except the subsequent purchasers to protect their rights as decision of suit has direct effect on their rights - Order allowing impleadment as a party, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Necessary and proper party - A necessary party is the person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a necessary party is not impleaded, the suit itself is liable to be dismissed - A `proper party' is a party who, though..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest transferee suffered prejudice on..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite - Purchasers claim that they have become co-sharer in the suit land - Presence of subsequent purchasers is necessary for complete and effective adjudication of dispute - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Recovery suit - Person sought to be impleaded as a party had already sold the land and purchasers already a party to the suit - Held, seller not a necessary party and his presence not at all required to enable Court to effectually and completely adjudicate upon and settle all questions involved in the..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable to suits filed by parties -..........
