Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Defendants by executing sale deed of suit property created third party interest and has complicated the matter - They cannot take advantage of their own wrong and now claim that subsequent purchasers should not be made parties - Subsequent purchasers are proper parties..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - If for adjudication of real controversy between parties on record, presence of a third party is necessary then he can be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Concept of necessary party in a purely Civil Suit and a Writ Petition cannot be one and the same - Scope of necessary party in a Writ Petition is much wider than in the Civil Suit - Persons to be vitally affected by order to be passed by Writ Court are necessary..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Persons to be vitally affected by order to be passed by Writ Court are necessary parties...........
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 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and consequent thereto amendment of plaint - Suit for specific performance - During pendency of suit brother of father of defendants No.2 & 3 gifted the suit property - If said persons are not allowed to be impleaded as defendants, it would definitely create..........
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 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..........
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...........
