Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Defendant raising the plea that partition took place in between the parties and respective shares were demarcated and they were in possession over their respective shares - No evidence which establishes partition between the parties - Property jointly held by the parties - Compromise on..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Court at any stage of a proceedings can strike out or add a party either suo moto or on the application of plaintiff or defendant or on an application of a person who is not a party to the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Person who is likely to secure a right/interest in a suit property, after the suit is decided against the plaintiff, does not make such person a necessary party or a proper party to the suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), 9 -- Impleading of a party - Plaintiff when seeks impleading a person as a defendant on the ground that he is a necessary party Court may implead him - If claim against such person is barred by limitation, it may refuse to add him as a party and even dismiss the suit for non joinder of a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - If the owner of a tenanted property enters into an agreement for sale of such property without physical possession, in a suit for specific performance by the purchaser, the tenant would not be a necessary party - But if the suit for specific performance is filed with an additional prayer for..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - If application is made by plaintiff for Impleading someone as a proper party, subject to limitation, bonafides etc., Court will normally implead him, if he is found to be a proper party - However, when non party makes an application for impleadment as a proper party Court can impleaded him if it is..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Plaintiff being dominus litis may choose the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief - This general rule is subject to the provisions of O.1.R.10(2) CPC which provides for impleadment of proper or necessary parties...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Court has discretion to add a necessary or property party - A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a `necessary party' is not impleaded, the suit itself is liable to be dismissed - A..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking out or adding parties - O.R.1.R.10(2) is not about the right of a non party to be impleaded as party, but about the judicial discretion of the Court to strike out or add parties at any stage of a proceeding either suo moto or on the application of plaintiff or the defendant or on an applciaotn of a person who is..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of respondents as appellants in an appeal - Suit by Bank for recovery against principal debtor and guarantor - In appeal L.R's of guarantor, who had since died, sought transposition as appellants - Held, court has power to transfer a defendant to the category of plaintiffs and where the plaintiff agrees such..........
