Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Party that establishes some semblance of title or interest in suit property can be impleaded as a party even in a suit for specific performance - Such party is thus, proper and necessary party for effectual and complete adjudication of suit - Application rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - For considering an application U.O.7.R.10 CPC, Court has to confine itself to pleadings made in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - `At any stage of suit' means even after trial has begun and concluded, but before the judgment is delivered...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - No objection taken as to territorial jurisdiction at first instance including at the stage of framing of issues as such said objection is deemed to have been waived - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Neither consent nor waiver can cure defect of inherent lack of jurisdiction and consent of parties cannot operate to confer jurisdiction on a Court which has no competence to try it...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Court has discretionary power U.O.1.R.10 CPC to add parties - However, such power cannot be invoked to cure a fundamental defect arising from failure to implead necessary parties when relevant information was available on record and could have been discovered with due diligence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - Contractual obligations under an agreement of sale will prevail over rights of attaching creditor...........
