Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Son of defendant No.1 seeking impleadment on the plea that suit property is ancestral property and he has interest therein and therefore he is a necessary party - A stranger to contract for sale claiming independent title is not a necessary party - Claim of applicant of..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Non impleading of L.R's within time - Non informing to Court, in time, by counsel about death of party he represented - Delay cannot be attributed to the petitioner...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Non impleading of L.R's within time - Held, a simple prayer for bringing L.R's on record without specifically praying for setting aside abatement may in substance be construed as a prayer for setting aside the abatement. (2003(10) SCC 691)...........
Civil Procedure Code, 1908, Order 22, Rule 9, 10-A -- Non impleading of L.R's within time - Non informing to Court, in time, by counsel about death of party he represented - Petitioner and deceased resided in the same building - Knowledge about death cannot be attributed to petitioner when no material is placed on record by leading tangible evidence that in fact,..........
Civil Procedure Code, 1908, Section 92 -- Suit instituted u/s 92 CPC with leave of Court - When sole plaintiff or all plaintiffs opted out or died, it is open to one or more persons who has/have an interest in the trust to come forward and continue the suit by impleading himself/themselves U.O.1.R.10(2) CPC - It is not necessary for such a person to obtain leave of Court..........
Transfer of Property Act, 1882, Section 50 -- Redemption of mortgage - Co-sharer - Any co-sharer can redeem the land - However, said order cannot be executed against co-sharer without impleading him as party in the redemption proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - An attesting witness to an agreement to sell is neither a necessary party nor a proper party to a suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sons of defendant allowed to be impleaded as a party to the suit on the plea that property in dispute is ancestral coparcenary joint property in the hands of their father and he has no right to alienate the same - Held, in a suit for specific performance, a third party..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - At the stage of deciding application regarding impleading of a necessary party the issues relating to the merits, which may result in deciding the suit itself in one or the other manner, cannot be considered...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - In a suit for declaration in respect of property if a person has no interest or right over the property, he is neither a necessary nor proper party but if he claims to be the owner of the property or otherwise in possession thereto in his own rights, in his absence effective declaration may not be..........
