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Results of dominus litis

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Showing : 11-20 of 43 Results

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Plaintiff is dominus litis and has right to implead any person as a party against whom he seeks relief in the suit, but in the garb of such right, he can neither deprive a person who has vested right in the property-in-question nor can get suit decided malafidely in collusion...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Consumer Protection Act, 1986, Section 13(2), 22 -- Consumer complaint - Amendment - Complainant cannot be compelled to amend complaint, as party which moves the forum is dominus litis and is entitled to decide whether or not to amend pleadings or to pursue complaint, as it stands...........

MADRAS HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner being a third party earlier also attempted to be impleaded by defendant but having failed on such attempt present application is filed as a second round of litigation - Plaintiff in a suit is a dominus litis and he has his own choice to implead a person..........

UTTARAKHAND HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........

UTTARAKHAND HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory and permanent injunction - Plaintiff sought impleadment of sole surviving legal heir of co-owner of property - He is a proper party to suit and his presence is necessary for a complete and final decision on question involved in the proceeding - Moreover, plaintiff in a suit being..........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10, 9, 3 -- Impleadment of son - Eviction suit against daughter-in-law - Son is not residing in suit property and even no relief is claimed against him - He cannot be said to be a necessary party to litigation between Father-in-law and daughter-in-law - Moreover, plaintiff/father-in-law in a suit being a dominus litis, may choose..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Concept of dominus litis - It is for plaintiff to choose a party as a defendant since he is dominus litis and no one can force plaintiff to add any party as a defendant in suit - However, concept of dominus litis will not strictly apply in a suit for partition since in such a suit, even defendants can..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff being dominus litis cannot be forced to add any person as a party to the suit unless pleadings and relief claimed therein that a person sought to be impleaded as a party is necessary party and without his presence neither the suit can be proceed nor the relief can be granted...........

Showing : 11-20 of 43 Results