Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Subsequent to agreement of sale defendant sold property - Impleading transferees as party to be suit - Unless subsequent pur-chasers are made party to the suit there cannot be adjudication between them and the plaintiff and the possession cannot be recovered - For proper adjudication of all..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit on the basis of family settlement filed against mother - Suit claim admitted by defendant - Petitioner seeking to be impleaded as a party to the suit on the ground that the defendant had entered into an agreement to mortgage with possession the suit property vide agreement to which the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - A person can be impleaded a party to the suit if his presence is necessary to effectually and completely adjudicate upon and settle all questions involved in the suit - Applicant claiming suit property under two Wills, has a direct interest in the property - Allowed to be impleaded as a party in the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - Collusive suit filed by son against father - Other son seeking to be added as a party - Cannot be said that applicant son is a necessary party and suit cannot be effectively decided in his absence - Admission of claim of the plaintiff by the defendant amounts to alienation made by father and the son has..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Land acquisition - Provisions of O.1.R.10 (2) CPC are applicable to proceeding before reference Court - Reference Court can add a person as party to reference, who has not asked for reference, is established that he is entitled to apportionment of compensation...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of legal heirs - Party died before institution of writ petition - Name of deceased finding place in array of parties in order under challenge - Mistake about parties was bona fide - Proviso to S.21 (2) of Limitation Act attracted - Application for impleading legal..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint to add certain persons as proforma defendants - Petitioners failing to prove the satisfaction of trial Court as to how such persons proposed to be brought on record as defendants are necessary for decision of suit - Not stated as to how they would be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - The law is settled on the point that the plaintiff is sole architect of his plaint. It is the plaintiff who has a right to choose his own adversary against whom he seeks a relief. Where there was no allegation or any cause of action against the applicant who sought to be impleaded as defendant in the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - The person to be joined must be one whose presence is necessary as a party - Person having relevant evidence on some of the questions involved is not a necessary party as he is only a necessary witness...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Expression 'to settle all questions involved' used in Order 1 Rule 10(2) is susceptive of liberal and wide interpretation so as to adjudicate all the questions pertaining to the subject matter of the suit, arising not only between the parties to the suit but also the third party whose presence..........
