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 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 party - Suit for declaration of title and recovery of possession - Plaintiff is absolute owner of suit premises and has got title and defendant's possession thereof is merely permissive out of grace and sympathy and she has no right, title and interest - Plaintiff has brought the suit against defendant..........
Hindu Marriage Act, 1955, Section 13(1)(i), Orissa High Court Hindu Marriage And Divorce Rules, 1956, Rule 5 -- Divorce - Adultery - Non-joinder of paramour of wife - Where husband alleges adultery and dissolution of marriage u/s 13(1)(i) of the Act, he cannot be said to have a right of relief against paramour - Paramour is not a necessary party - However, R.5 of Rules..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Civil Procedure Code, 1908, Order 1, Rule 13 -- Non-joinder of a party - Objection as to - Defendant failed to satisfy Court that objection regarding non-joinder of a party was taken by them in written statement or at earliest possible opportunity - Objection raised by defendants not tenable in view of O.1.R.13 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-impleadment/non-joinder of a necessary party - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Section 99 -- Appeal - Non-joinder of necessary party by itself is a ground to reverse or substantially vary a decree in appeal or remand a suit after setting aside decree in an appropriate case...........
