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..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of third party - When impleadment of a third party would be de novo trial, third party should not be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Question of addition of parties U.O.1.R.10 CPC is generally not one of initial jurisdiction of Court, but of a judicial discretion which has to be exercised in view of facts and circumstances of a particular case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........
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..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - While exercising discretion to add a party Court must be guided by following factors: (i) whether party sought to be added is a necessary party or not; (ii) whether his presence would enable Court to effectually and completely adjudicate all questions involved in that case; (iii) whether his..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Necessary party - What makes person a necessary party, is not merely that he has relevant evidence to adduce on some of issues involved in the lis, as that would only make him a necessary witness, but it is that without his presence, complete and final adjudication is impossible...........
