Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for specific performance - A co-owner is not a necessary party...........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance of agreement to sell - Scope of adjudication - Impleading of stranger to contract -Enlargement of scope - Permissibility - Suit for specific performance of contract for sale - Question that is to be decided is the enforceability of the contract entered into between parties to the contract - Addition of..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- L.R's - Impleading - Death of a party - Duty of pleader - No obligation is cast on Advocate appearing for deceased party to furnish list of legal representatives - Provision of O.22.R.10A is directory and not mandatory since no penalty or other consequences are contemplated under said rule on failure to comply with it...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Plea of non-joinder of necessary parties raised by defendant - An issue also framed to that effect - Merely on such a plea applicant cannot be impleaded as a party against the wishes of plaintiff - If ultimately presence of applicant is found vital to the adjudication, the suit may be dismissed for..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance of agreement to sell - When interest of third party is not involved in the suit then application for impleadment cannot be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Applicant happens to be wife and claiming rights on the basis of Will executed by the person whose property is in dispute - Moreso plaintiffs of two suits out of three consolidated suits have no objection if petitioner is impleaded as a party - Application allowed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Plaintiff expired on 30.12.1988 - Application for impleading legal heirs filed on 5.5.1989 - Application dismissed being time barred by 36 days - Suit dismissed as abated - Application for impleading legal heirs is to be filed within 3 months - Application for setting aside abatement can be filed within next 60 days -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance - Suit alleged to be filed by plaintiff in collusion with defendants and that too on the basis of forged documents - Sale agreement alleged to be fabricated in collusion with each other - It is further the case of the applicants that actually defendant agreed to sell..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance on basis of oral agreement to sell - Applicant bonafide purchaser of half of land in question on the basis of previous in time, agreement to sell executed in his favour and in possession thereof - Questions involved in the suit cannot be effectively adjudicated without..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Petition for eviction of tenant - Ejectment ordered - Appeal by tenant - Tenant expired - Legal heirs impleaded - Appeal dismissed - Revision by two legal heirs - One of the legal heir impleaded as performa respondent - Compromise between revisionist and landlord - Revision dismissed as withdrawn - Application by other..........
