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...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleading as a party - Application filed U.O.1.R.10 CPC - Held, O.22.R.10 CPC can be invoked if fact situation so demand...........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of local commissioner - Must be the one obtained after notice to both the parties, in order to apply O.26.R.10(2) CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Transferee pendente lite - Suit for specific performance - Transferee pendente lite is a necessary and proper party - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Where pleadings revel that the direct interest of another person is involved in subject matter of litigation and it would affect the rights of person, who is behind the screen, he should be held to be necessary party to the suit and must be impleaded as such...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Test for Impleadment of party - Whose right would be affected highly if he is not allowed to participate in proceeding - This apart, duty of the Court is to minimize the litigation and not invite litigation...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of necessary party - Application for impleadment dismissed on ground that applicants did not attach copy of sale deed allegedly executed in their favour during pendency - Petitioners directed to file fresh application for impleadment supported by copies of sale deed...........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Not filed within 90 days - Provision of O.8.R.1 CPC is directory and not mandatory - In the larger interest of justice defendant directed to file his written statement subject to payment of costs of Rs.5000/-...........
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..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Striking out parties - Defendant No.7 filed the application for deletion of another defendants from array of parties - Plaint contain averments suggesting a concerted action, or conspiracy between various defendants - Court cannot in the absence of full trial comment on the strength or weakness of those averments nor it can..........
