Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Persons to be vitally affected by order to be passed by Writ Court are necessary parties...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis - This principle does not apply when presence of a party before Court may be necessary in order to enable it to effectually and completely adjudicate and settle all the questions involved in the suit...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Application U.O.7.R.10 CPC at the instance of a defendant is maintainable - Contention repelled that it is the right of plaintiff only...........
Civil Procedure Code, 1908, Order 7, Rule 10, Guardians and Wards Act, 1890, Section 9 -- Custody of child - Application for guardianship of a minor is to be filed before Court where minor child resides - Court where petition filed not having jurisdiction - Petition returned to be filed before Court having appropriate jurisdiction...........
Civil Procedure Code, 1908, Order 16, Rule 10, 12 -- Summoning of witnesses - Non-appearance - Closure of evidence - Trial Court was obliged to take measures as mandated in O.16 CPC to procure the attendance of absent witnesses - Closure of evidence of petitioner set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Hindu Marriage Act, 1955, Section 13, Hindu Marriage (Punjab) Rules, 1956, Rule 8 -- Impleading of adulterer as a party in a petition for divorce on ground of adultery - Joining of adulterer as a party is mandatory as per Rules framed under Hindu Marriage Act - Moreover, finding of adultery would adversely affect the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - There must be identity of the matter in issue in both the suits inasmuch as subject matter in both the proceedings is identical...........
