Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 36 -- Filing of execution petition before Commercial Court where defendant resides - Well within meaning of S.36 of Act of 2015 - Order passed by Commercial Court returning back case invoking provision of O.7.R.10 CPC is patently wrong and set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Property in question was transferred in the name of proposed party by way of forged Will - Later on said property was further sold to one `H' - Both these parties are necessary and affected parties to suit proceedings - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person having interest in land or property in question and by adjudication of any dispute with regard to said property and if it affects the right of plaintiffs in any manner then certainly he is a necessary and effected party and is supposed to be impleaded as party in the proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Joint application U.O.7.Rr.10 & 11 CPC - As far as prayer concerning application U.O.7.R.10 CPC is concerned, the same not considered by trial Court - Matter remanded to trial Court to consider and decide the issue of territorial jurisdiction of Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Impleadment of State as party represented by Deputy Collector - Notice u/s 80 CPC was not issued before filing of suit - During pendency of suit, provision of S.80 CPC cannot be complied with - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Lack of jurisdiction - Where Court has inherent lack of jurisdiction to entertain suit, it cannot return the plaint granting liberty to plaintiff to represent the suit before competent Court, but has to dismiss the suit for want of jurisdiction...........
Civil Procedure Code, 1908, Section 10 -- Stay of partition suit - Scope of both partition suit and probate proceedings are different - S.10 CPC apply only if there is identity of the matter in issue in both the suits - Even, a probate petition is not a suit u/s 10 CPC and both partition suit and probate proceedings can proceed - Partition suit cannot be stayed - Both the..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Transposition of a defendant can be permitted in case of part abandonment of claim by plaintiff, provided defendant seeking transposition has identical interest with plaintiff vis-a-vis both, contesting defendants and subject property -..........
Civil Procedure Code, 1908, Section 115, Family Courts Act, 1984, Section 19, 10 -- Revision - Order allowing amendment application by Family Court - No avenue of a revision u/s 115 CPC open to a party aggrieved by an order of Family Court - Party aggrieved by an interlocutory order may question it in appeal if it has trappings of a judgment - Revision dismissed being not..........
