Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of stranger/third party - Stranger cannot be impleaded in the suit in order to support contesting defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - To claim right against co-defendant - Not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Petitioners wanted to claim their rights against co-defendant/State, which was not permissible - They failed to point out as to how their presence is necessary for complete and final decision on the question involved in the proceedings - Even, petitioner could not point any legal injury which he..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC is applicable to proceedings under Indian Trust Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiff/temple is a denominated temple - Poojari of temple sought to be impleaded by plaintiff as he was acting against interest of temple - However, plaintiffs already filed a petition to examine proposed party as a witness on their side and said petition was allowed by..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendants as plaintiff - Transposition is permitted only where a suit is withdrawn or abandoned by a plaintiff and a defendant applies to be transposed as a plaintiff - Court can allow application having due regard to the question whether the applicant has a substantial question to be decided as against any..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession - Defendant in his written statement stated that his wife is owner in possession of suit land - In absence of wife of defendant no effective decree for possession could be passed - Presence of wife of defendant is very much necessary for complete and effective adjudication of suit..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Plaintiff admitted that applicant is one of co-owners and signatory to agreement in question - Applicant rightly impleaded as one of defendants...........
