Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was for declaration and subsequent suit was for partition - Core issue in both the suits are different even though property is same - Parties are also different - Pendency of earlier suit does not call for stay of subsequent suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A party having a semblance of interest in the suit property could be impleaded as a party in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervener - Title suit - Respondent no.6/petitioner has been able to bring on record certain documents which had been showing her interest in the suit property claiming through their vendors - Plaintiffs made vendor of petitioner as defendant - If petitioner is a purchaser prior to institution of suit,..........
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 - Suit for specific performance, permanent injunction and cancellation of sale deed - Sale deed as well as agreement to sell was executed by defendant No.1 who is still alive - Impleadment of son and daughter of defendant No.1 as party defendants by trial Court is erroneous - Order allowing application..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - No right to relief sought against petitioner in the suit - Even, petitioner has failed to show that effective decree cannot be passed in her absence - If the petitioner is impleaded in the suit, scope of suit for permanent injunction will be enlarged to a suit for title..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Respondents were not mere subsequent purchasers during pendency of suit but had remained successful in a litigation with defendant after which sale deed was executed - Their presence is necessary for decision of suit - Respondents rightly impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Purchase of property during pendency of suit by petitioners not disputed - S.52 of T.P. Act protects the rights of subsequent purchasers - Rights of subsequent purchasers during pendency of suit will not be changed, they can ultimately step into the shoes of original owner - If..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-sharers - Eviction petition - Impleadment of other co-sharers of property - Co-sharers are not necessary parties in a suit for eviction filed by one co-sharer/landlord - Moreover, it is not the case of tenants that they are not tenants in the property and that they were not paying the rent to landlord -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiffs pleaded oral family arrangement - However, respondent who is one of legal heirs of deceased would submit that Family Arrangement Deed is a fraudulently created document - She is thus, a necessary and proper party in the suit - Unless respondent is impleaded as a party in..........
