Civil Procedure code, 1908, Order 1, Rule 10 -- Some of the members of Society challenged the execution of some of the sale deeds - Applicant seeking impleadment as plaintiff on the ground that she is a member of the Society - It is not the case of the applicant that plaintiffs are not pursuing the case diligently or properly - Court has acted with patent illegality and..........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Partnership deed and registration certificate - Summoning from Sales Tax Department - Declined by department on ground of confidentiality - Held, department cannot claim privilege regarding these documents to be produced in Court...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Application for impleading in place of defendant on ground that applicants have purchased disputed property during pendency of suit - No permission of Court was obtained for sale - Doctrine of lis-pendence hits such sale - Moreover, suit was merely for..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction of civil Court when barred plaint to be returned to be presented in the Court of competent jurisdiction and to be dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Proper party - Where the presence of the applicant is necessary for complete and effectual adjudication of the dispute, though no relief is sought, he is a proper party - Necessary party is one without whose pres-ence no effective and complete adjudication of the dispute could be made and no relief granted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Notice by Municipality for demolition of unauthorised building - Injunction suit by tenant - Held, landlord is a necessary or proper party to the suit for perpetual injunction - Order of trial Court impleading applicant as a party - Upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Father of the petitioner entered into compromise and signed a relinquishment deed - Whether the relinquishment deed is true or binding could not be gone into the suit and the remedy lay somewhere else - Decision of Court? below that petitioner is not a neces-sary party, upheld...........
Civil Procedure Code, 1908, Section 10 -- Goods entrusted to respondent for trans-portation - Respondent detained goods - Respondent Tiled a suit for recovery of dues payable by appellant - Appellant filed suit for recovery of goods lawfully entrusted and unlawfully detained by respondent - Held, cause of action is entirely different - High Court committed error of law in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for mandatory injunction to record plaintiff's name in house tax records - Impleadment sought by another party claiming exclusive rights over the house in question - Party having direct interest in suit property - Non impleadment is likely to cause serious prejudice - Party being a proper party if..........
Civil Procedure Code, 1908, Order 22, Rule 4, 10-A -- Counsel to inform Court on death of party he represents and thereupon Court gives notice of such death to the other party - Application filed within 30 days of the date of knowledge of the death of the respondent - Held, there is no abatement of appeal...........
