Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - Necessary party - When questions raised by parties in their respective pleadings reveal that the direct interest of another person is involved in the subject matter of litigation and it would affect the rights of that person, he is a necessary party to the suit and to be impleaded as such - The..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - Court can add any person who ought to have been joined as party at any stage of the proceedings, either upon or without the application of either party - However, Court should be satisfied that presence of such party before the Court is necessary in order to enable the Court to effectually &..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of party - `Direct interest' - Means direct in the issue between the plaintiff and defendant- That a person is legally interested in the question involved in the suit can be determined if party to be impleaded can show that any decision in the suit shall affect his legal rights...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Alienation during pendency of suit - Such alienation is hit by principle of lis pendens and the same does not affect the rights of plaintiff - Person in whose favour alienation is executed is not a necessary party - Application to implead rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of defendant as co-plaintiff - When justified - Defendant seeking transposition claims to be joint owner of suit property alongwith plaintiff - Further claiming that having regard to compromise decree in earlier suit compromised by plaintiff and himself he is absolute owner of property - Defendant thus has..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - A party can be added as defendant even at the instance of the defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Plaintiff can be transposed as a defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for possession - Necessary & Proper parties - Consent decree suffered by Mother in favour of grand son - Sons excluded - Suit by one of the sons challenging consent decree and claiming possession - Other sons not impleaded as party to the suit - Consent decree held to be null & void - Other legal heirs/sons necessary..........
Civil Procedure Code, 1908, Section 115, Order 1, Rule 10 -- Revision against order allowing application for impleadment of a party - It is an interlocutory order - No revision lies against such an order...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary or proper parties - Suit for permanent injunction restraining neighbours from raising any construction over adjoining land - Applicants seeking impleadment as a party claiming themselves to be owners of house in which plaintiff was residing - Any finding relating to adjoining land may affect their right in case they..........
