Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Child not impleaded as party to proceedings - However, proof of neglect by husband towards his wife and minor child can be sufficiently proved by wife qua the child also - Right of minor child to claim maintenance remain subsumed within mother's petition for maintenance, even if child has not..........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Non-impleadment of adulterer - Mere non-impleading of adulterer as co-respondent is not fatal to case of husband where DNA report indicates that wife was leading an adulterous life and said report is not challenged by wife...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - Issues regarding impleadment of parties contesting election, can be gone into by election Tribunal while deciding whether petition was presented in proper form and defect of non-impleading necessary parties was curable - Application for rejection of plaint rightly dismissed...........
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..........
Rent and Eviction -- Landlord and tenant - Landlord seeking eviction of tenant - State of Orissa is the recorded owner of suit property - However, State of Orissa not impleaded as a party to the eviction petition - A person without being the owner can well be the landlord - Suit can never fail for non impleading the owner as a party - There is no need for compliance of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party - Where a person raises a claim over property and where a decree cannot be passed without his presence, he would be necessary party, who is entitled to invoke provision of O.1.R.10 CPC for impleading him in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person without impleading his LRs - Decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff filed the suit only in respect of share due to his mother - Applicants already got their share in respect of suit properties - By impleading proposed parties, scope of suit cannot be expected beyond the purpose for which suit has been filed - Applicants are not necessary..........
