Civil Procedure Code, 1908, Order 34, Rule 1, Transfer of Property Act, 1882, Section 60 -- Redemption of mortgagor - Death of mortgagor - Property succeeded by more than one legal representatives - Any one of them can seek redemption - Suit not bad for non-joinder of other successors/mortgagors...........
Civil Procedure Code, 1908, Section 99 -- Irregularity - Non joinder of parties or mis joinder of parties as well as mis joinder of causes of action - These are irregularities in the proceedings in a suit - However, even in such cases Section 99 itself makes an exception in the matter of non joinder of parties - Though it is an irregularity, it can still prejudicially..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Airlines - Deficiency in service - Necessary party - Non-joinder of - Ticket issued by KLM - But the flight whereby the boarding were denied to the complainant did not belong to them but to Cathay Pacific - Despite objections by OP Cathy Pacific not made a party - Held that the agency issuing the ticket cannot be..........
Banking service -- Bank guarantee - Deficiency in service - Nonjoinder of parties - Complainant stood as a `surety' in respect of Counter Guarantee given by `M' in the shape of two FDRs - Bank had honoured guarantee given by complainant by invoking it - Complainant did not make `M' a party either before the State Commission or before National Commission - The complaint..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 17 -- Plaint - Amendment seeking addition of a party - Plea of non joinder of necessary party in written statement - Amendment of plaint sought six years thereafter - Order allowing amendment set aside...........
Medical negligence -- Necessary party - Non-joinder of the treating doctor as party - It cannot be a ground for dismissal of complaint - Complaint remitted back to the Forum for decision afresh...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Defects pointed out as to drafting of plaint, mis-joinder of parties, non-payment of proper Court fees, non valuation of suit property and not claiming proper reliefs - All the defects could have been cured by plaintiff by seeking amendment of plaint - Permission for withdrawal of suit with liberty to..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Different causes of action - Joinder of in one suit - Not permissible - 17 pronotes executed at different point of time and in favour of different persons - It is impermissible for different persons, claiming under different pronotes, to join together and file a single suit - Single suit not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non - joinder of necessary party - Construction of - Property inherited by widow, son and daughter after death of deceased - Suit for possession by widow alone - Remaining heirs added as proforma defendants - Not likely to be affected by decree - Even decree would not be against their interest - Not hit by non - joinder of..........
Consumer Protection Act, 1986, Section 13,(4),(5),(6) -- Consumer Protection Rules, 1987, Rule 14(1) (b) - Medical negligence - Necessary party - Non impleading the treating doctor as party - Hospital made party - Summary dismissal of the petition by the Commission on the question of non-joinder of necessary parties held not proper - The hospital/Institute is not going to..........
