Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis primarily operates as a shield against forced joinder, rather than a sword to guarantee that every impleadment application by plaintiff must be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Suit for specific performance - Respondents are not necessary party to suit as effective decree can be passed in their absence - Moreover, respondents have already filed a separate suit for enforcement of their claim against third party - Therefore, they are neither necessary nor proper party to..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - Two or more causes of action relating to same defendant can be combined together and a single suit can be filed...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - One promissory note was executed by defendant and another promissory note was executed by his deceased father - It constitutes two different causes of actions by two different persons - O.2.R.3 CPC is not applicable...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and permanent injunction - State is owner of suit property - State is a necessary party represented by District Collector - Suit is bad for non-joinder of necessary and proper party...........
Civil Procedure Code, 1908, Order 1, Rule 10, 9 -- Impleadment of a party - Non-joinder of necessary parties - Application for impleadment filed at the appellate stage - Application rightly rejected on the ground that plaintiffs cannot be permitted to rectify the mistake of non-joinder of parties...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for declaration and permanent injunction - Suit has been filed for benefit of all co-sharers, including two daughters of plaintiff as pleaded in plaint, plea of non-joinder of necessary parties, namely two daughters is not sustainable...........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joinder of defendants - Where separate suits were brought against persons and common questions of law or fact arise, joinder of defendants may also be done...........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- Question of joinder of parties involves joinder of causes of action as per conjoint reading of O.1.R.3, O.2.R.3 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - Where causes of action are joined, it should exist against all the defendants joined as parties...........
