Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- First appeal - High Court, in first appeal, impleaded a party and on this ground judgment and decree of trial Court set aside - High Court did not discuss as to whether an application to implead is maintainable - Judgment and decree of trial Court cannot be set aside without any further entering into merits of..........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as proforma respondent in first appeal - Petitioners were neither party in main civil suit nor they moved an application for being impleaded as a party therein - Names of petitioners were not recorded in column of possession in Jamabandi since 1951-52 - Moreover, petitioners already filed a suit in which relief is..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 31 -- Impleadment of a party in first appeal - Party impleaded must be afforded an opportunity to adduce oral and documentary evidence and make his submission...........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........
Family Courts Act, 1984, Section 7 -- Family Court - Proceedings - Maintainability - Held, if on the date of institution of suit, same was maintainable before Family Court, subsequent developments such as death of one of the parties will not render either proceedings or an appeal before a superior forum incompetent for want of jurisdiction - Therefore, petition filed by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Liable to fail on the short ground that decree of trial Court qua plaintiff No.3 has attained finality, having not been challenged by first appeal because plaintiff No.3 was not impleaded as party to the first appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 20 -- Regular Second Appeal - Impleading of a party - Third parties can be impleaded as proper parties to a R.S.A. even when they were not parties to the suit or to the appeal therefrom - O.1.R.10(2) CPC enables Court to implead necessary and proper parties at any stage of the suit in..........
Civil Procedure Code, 1908, Section 96,100, Order 1, Rule 10 -- Appeal - Non-impleadment of party - After death of original plaintiff his L.Rs. were brought on record - Plaintiff No.6 who was his daughter - Against judgment and decree partly decreeing suit and partly dismissing it, L.Rs. of plaintiff also filed first appeal before first Appellate Court - Plaintiff No. 6..........
