Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Limitation - Suit for specific performance - Question of limitation would be applicable only when sale deed is sought to be challenged and not when a party sought to be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Subsequent purchaser would be affected in the event of decree and it would be in his interest to be party to suit - Moreover, in a suit for specific performance, it is prerogative of plaintiff to implead subsequent purchaser being the dominus litus -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner is the son of original tenant of suit property - However, petitioner failed to establish that he was normally residing with his father at the time of his death to entitle him to seek impleadment on the ground that he has acquired tenancy rights by inheritance - Application..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Where plaintiffs passes away, there is no duty cast on defendants to take any steps in such a case - It is for legal heirs of plaintiffs to bring themselves on record as plaintiff's LRs - Such a duty is also not cast on one or more LRs who volunteer to file an application for setting..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Probate proceedings - When intervenors are questioning the title of testator, they would be stranger to proceedings - Remedy for a person questioning title, existence of property, construction of Will relating to right title and interest of any persons lies in filing a separate suit or an application..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A person cannot be impleaded merely because he would be incidentally affected by judgment or is interested in the fruits of litigation...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for permanent prohibitory injunction - Applicant set up a rival title over suit property - A simple suit for injunction cannot be converted into a suit for title - Applicant is neither a necessary nor proper party to proceedings - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application filed to implead the vendors of defendant no.10 - Ownership if any vests with defendant no.10, who is already a party to suit - Vendors of defendant no.10 have already transferred their interest in his favour - He is thus, not a necessary party to suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Concept of necessary party in a purely Civil Suit and a Writ Petition cannot be one and the same - Scope of necessary party in a Writ Petition is much wider than in the Civil Suit - Persons to be vitally affected by order to be passed by Writ Court are necessary..........
