Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - If a person who is likely to suffer from the order of the Court and has not been impleaded as a party has a right to ignore the said order as it has been passed in violation of the principles of natural justice...........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 1, Rule 9 -- Provisions of CPC are not applicable in writ jurisdiction but the principles enshrined therein are applicable...........
Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Necessary party - Application for impleadment of a necessary party can be filed at any stage of proceeding provided the Court is satisfied that exceptional circumstances prevailing in the case, warrant the impleadment. (AIR 1987 SC 1970 followed)...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Proviso - Necessary party - Non joinder of necessary party is fatal...........
Civil Procedure Code, 1908, Section 79, Order 27, Rule 1 -- Suits by or against the Government - Parties to be impleaded are Union of India or Central Government or the State or State Government - Non joinder of necessary party is fatal...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Rule of appropriation - In absence of directions in the decree, D.H. is entitled to apply to the rule of appropriation by appropriating the amount first towards interest, then towards cost and then towards principal amount due under the decree - On such appropriation, if the part amount is appropriated towards..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for mandatory injunction directing defendants to execute a fresh agreement to sell in accordance with the agreement of sale and get the same registered and deliver the same to plaintiff - Ad interim injunction also sought on the plea that defendants are negotiating for selling the land in..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Proviso to O.17.R.1 providing that not more than three adjournments shall be granted to a party to lead evidence is a rule of procedure - Rule is directory and not mandatory - This rule has to be applied with some flexibility and not with rigidity or inflexibility - Rules of procedure and handmaids of justice and are meant to..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Possession - Co-owner in possession - Subsequent purchaser dispossessed co-owner in possession without partition by metes and bounds - When possession is unlawful, illegal and unauthorized then it is no possession in the eye of law - Injunction granted in favour of co-owner...........
