Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Order refusing to grant interim injunction passed u/s 9 of Arbitration and Conciliation Act - Appeal not maintainable U.O.43.R.1(r) CPC, as order refusing to grant interim injunction can only be considered u/s 9 of Arbitration and Conciliation Act, even though an application U.O.39.Rr.1,2 CPC is also filed...........
Civil Procedure Code, 1908, Order 1, Rule 10, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Impleadment of party - Plea of applicant that property was rented out to two brothers whereas eviction petition is filed against only one - Application to seek impleadment filed two years after ejectment petition was filed and at a stage where landlord had..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Before a new party is impleaded notice must be issued to proposed party and not after Court comes to conclusion that proposed party is a necessary party - However, even if a party is impleaded without issuing any notice to it, an opportunity to file application U.O.1.R.10(2) is always available to such..........
Civil Procedure Code, 1908, Order 1, Rule 10, Constitution of India, 1950, Article 227 -- Impleading a party - Application rejected by trial Court - Writ petition filed U/Art. 227 of the Constitution - In the writ petition, a notice must be issued to the proposed party as in case writ petition is accepted and it is held that proposed party is a necessary party, opportunity..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be affected by present suit - Hence,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Death of plaintiff - One of the sons of plaintiff already substituted on the basis of Will - Petitioner is another son of plaintiff, who is seeking impleadment on the ground that property is ancestral property and he is a co-owner - Will in question has not been set aside till date -..........
Civil Procedure Code, 1908, Order 41, Rule 1, 22 -- Appeal - Non consideration of cross objections while deciding appeal - First Appellate Court manifestly erred in not considering cross objections - It is a serious error, which may cause serious prejudice to legal rights of defendants - Impugned judgment set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Execution - Impleadment of a party - Application U.O.21.R.97 CPC - Petitioner seeking impleadment on the basis of sale deed executed in his favour during pendency of application U.O.21.R.97 CPC filed by his vendor - However, decree for possession of immovable property can only be resisted or obstructed by a person who is in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Necessary party can be impleaded at any stage of the suit for effective adjudication of controversy involved in the suit - Mere fact that application is moved at belated stage is no ground to decline impleadment...........
