Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 15 -- Suit for specific performance - A stranger to an agreement of sale cannot be impleaded as a party to the suit in view of S.15 of Specific Relief Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleading of a defendant - If any defendant is impleaded subsequently proceedings as against him shall be deemed to have begun only from the date of service of summons...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary parties - Suit for specific performance - Necessary parties are parties to contract, their legal representative or person who had purchased contracted property from vendor with or without notice - Any person claiming independent right in property in question, including co-owner or coparcener is not a necessary party..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC forbids trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - A new party added in the subsequent suit - Does not oust the application of S.10 CPC on the ground that all the parties in the subsequent suit are not the same as in the earlier suit, when the dispute in both the suits pertains to the same dispute which is a subject matter of the earlier litigation...........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 32, Rule 4, Family Courts Act, 1984, Section 10 -- Application u/s 125 Cr.P.C. filed by mother of unsound mind through her son-in-law - For purposes of S.125 Cr.P.C. Family Court is deemed to be civil Court and have powers of Civil Court - Held, application is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for presentation before proper Court - Plaintiff does not automatically get the benefit of S.14 of Limitation Act - Even in such cases suit should be deemed to have been validly presented on date of presentation before appropriate forum...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Statutory bar of jurisdiction - Plaint to be rejected and not to be returned - Plaint can be returned for presentation before proper Court only when it is presented a court which lacks either territorial or pecuniary jurisdiction and not in a case of statutory bar of jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Court can, if necessary, even act suo motu either U.O.1.R.10 CPC or in its inherent jurisdiction and order transposition of a party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Parties to the suit - Suit for possession - Deletion of name of defendant No.2 at the behest of defendant No.1 claiming himself to be in possession - Held, it is premature to decide the issue as to who is in possession - Plaintiff is dominus litus - It is plaintiff who is to decide to whom to join as defendant - Order..........
