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 1, Rule 10 -- Impleadment of a stranger - Suit for specific performance - Suit filed by plaintiff and issues arising therefrom can very well be adjudicated inter se between existing parties without impleading proposed party as defendant - Merely because proposed party has filed other suit with regard to same subject matter does not ipso..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Power of Attorney holder as a party - Power of attorney holder can conduct proceedings but cannot be impleaded as a party or substitute plaintiff - He can appear only as a witness in his personal capacity and there are provisions under CPC for recording evidence on issuance of commission - Order impleading..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - For impleading a person as a party U.O.1.R.10 CPC two conditions must be satisfied: (i) that there must be a right to some relief against such person in respect of controversies involved in proceedings; and (ii) that no effective decree can be passed in the absence of such person...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against accused as proprietor of firm, whereas cheque was issued by partnership firm and partnership firm not arraigned as an accused - Non impleadment of firm is a curable defect - Effective trial not yet commenced - Complainant permitted to file an application..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Court may exercise discretion in impleading a person who is a proper party upon an application by a non-party to suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance and cancellation of sale deed - Daughter and son of defendant no.1 sought their impleadment in the suit - Sale deed and agreement to sell was executed by defendant no.1 and he is still alive - Trial Court committed error by impleading applicants - Order allowing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - When Court finds that in absence of persons sought to be impleaded as a party to suit, controversy raised in suit cannot be effectively and completely settled, Court would do justice by impleading such persons...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
