Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Purchase of property during pendency of suit by petitioners not disputed - S.52 of T.P. Act protects the rights of subsequent purchasers - Rights of subsequent purchasers during pendency of suit will not be changed, they can ultimately step into the shoes of original owner - If..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-sharers - Eviction petition - Impleadment of other co-sharers of property - Co-sharers are not necessary parties in a suit for eviction filed by one co-sharer/landlord - Moreover, it is not the case of tenants that they are not tenants in the property and that they were not paying the rent to landlord -..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of interveners - Probate proceedings - Dispute is with regard to genuineness of Will - Opposite parties claimed that testatrix was their aunt and said property is joint property - Genuineness of Will is required to be proved in probate case - Testatrix being a teacher has put her thumb impression on..........
Civil Procedure Code, 1908, Order 1, Rule 10, 9 -- Impleadment of a party - Non-joinder of necessary parties - Application for impleadment filed at the appellate stage - Application rightly rejected on the ground that plaintiffs cannot be permitted to rectify the mistake of non-joinder of parties...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - In a suit filed u/s 92 CPC, plaintiff could not be said the dominus litis - It would be Court which would examine as to whether parties were to be added or not...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - Trial Court allowed the application simply on the basis of no objection having been given by plaintiffs and did not apply its own mind - Whether applicants were necessary or proper parties was not seen - It was not considered that they were strangers to lis as also..........
Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for recovery of possession u/s 6 of Specific Relief Act - Petitioner claiming himself to be co-sharer of the property in question and claiming to be in joint possession and joint ownership of property - This plea is not tenable taking into consideration..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Title suit - Petitioners claim to be widow and children of original owner - They not only are proper parties to suit but they are indeed necessary parties to suit as without their presence no orders can be passed effectively by trial Court - If petitioners are not impleaded as parties, it would lead..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In exercising discretion U.O.1.R.10 CPC, Court will take into account the wishes of plaintiff before adding a third person as a defendant to his suit - However, if Court finds that addition of new defendant is necessary to enable it adjudicate effectively and completely the matter in controversy..........
