Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of co-plaintiff - L.R's not impleaded within time - Suit abated - Setting aside abate - Sufficient cause - In application for impleading L.R's and setting aside abatement date or time of death or knowledge of appellant about the death of deceased plaintiff not mentioned - Appellant negligent so far as proceedings of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Suit for recovery of compensation for land - Application under O.1 R.10 by defendant for impleading legal heirs of his attorney as co-defendants - Suit filed against defendant - Attorney himself not necessary party - Question of impleading of legal heirs of attorney foreign to controversy involved in the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Proposed parties not connected to the suit agreement - Suits also pending in respect of the same property - Applicants allowed to be impleaded as a party - Suit pending in respect of the same property clubbed together with the present suit and to avoid conflicting..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite without order or authority of Court - Neither necessary nor proper party to the suit - Cannot be impleaded as a party to the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite without authority of Court - Neither necessary nor proper party - As regards jeopardizing interest of a person who is not a party to the suit, held, if a person is not a party to a suit, the decree does not affect him unless the..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & Proper parties - Suit for permanent injunction - Application for impleading party as defendant - Applicant necessary & proper party - Although plaintiff has right to choose defendant in suit for permanent injunction, yet he cannot be permitted to omit necessary & proper parties...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & proper party - Suit challenging sale deed executed by father - Application under order 1 rule 10 by father for impleading party - Allowed by Trial Court - Order challenged on the ground that suit qua father had become time barred - Suit filed with in the limitation period - After impleadment defendant can take..........
Transfer of Property Act, 1882, Section 111(h), 106, Civil Procedure Code, 1908, Order 1, Rule 9 -- Eviction petition - Death of landlord - One of heirs to whom rent is paid and who receives the same on behalf of estate, is landlord - Suit for eviction filed by such landlord is maintainable without impleading other heirs who have no objection to suit...........
