Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Suit filed against dead persons, defendant No.1 and defendant No.10, due to bona fide mistake - Plea that defendant No.1 transferred his property to defendant No.3, as such legal heirs of defendant No.1 has no interest in suit property - Case is at..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be impleaded as a defendant in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of deceased plaintiff - Suit for eviction jointly filed by plaintiffs - Deceased died during pendency of suit - Application for deletion of name of plaintiff filed before lower appellate Court - Appeal still survives even after death of plaintiff - Name of deceased plaintiff therefore may be deleted from..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of LRs of deceased defendant - Maintainability of application - There is no bar for filing application U.O.1.R.10 CPC, even when application U.O.22.R.4 CPC was dismissed as not maintainable - Legal heirs of deceased person in such a matter can be added parties..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of defendant as plaintiff - Sole plaintiff died and suit abated - When suit has abated and is no longer pending, application for transposition of defendant as plaintiff is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10, Himachal Pradesh Urban Rent Control Act, 1987, Section 2(d) -- Impleadment of a party - Eviction petition - Rent petition was filed somewhere in year 2011 and application for impleadment as a party was filed by present landlord only in the year 2017 - There is no cogent explanation as to what took landlord almost 6 years to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective manner - Persons strangers to..........
