Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Object of O.1.R.10(2) CPC is that no `lis' should be dismissed on technical grounds but should be decided on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for injunction - Petitioner claims to be owner in possession of a portion of suit land - However, petitioner herself admitted that her plot was different from suit property - Application for impleadment rightly rejected...........
Civil Procedure Code, 1908, Section 11, Order 1, Rule 10 -- Res judicata - Suit for specific performance - Plaintiff earlier filed an application U.O.1.R.10 CPC to implead subsequent purchaser - However, said application was rejected and attained finality - Second application U.O.1.R.10 CPC filed by subsequent purchaser before the very same Court which rejected the earlier..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Sale deed in favour of subsequent purchaser executed during pendency of suit - Same is hit by provisions of lis pendens - Suit filed is for relief of specific performance, if decree is passed against defendant that decree is binding on subsequent purchaser..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Application U.O.1.R.10 CPC, does not decide rights of parties, rather, provides opportunity of hearing - S.52 of Transfer of Property Act, cannot be taken as obstruction for impleadment even if party may plead bonafide purchase of land - Petitioners allowed to be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of title - Impleadment of vendor of property to plaintiff - Vendor having no substantial interest in suit and no relief in the suit has been sought against her - She is neither a necessary party nor a proper party in suit - Since vendor has no longer any interest in suit schedule..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper 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 by Court - If a necessary party is not impleaded, suit itself is liable to be dismissed - Proper party on the other hand is a party whose..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - If a person is not a `proper party' or a `necessary party', Court has no jurisdiction to implead such person, invoking its powers U.O.1.R.10(2) of the Code...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - It is prerogative of plaintiff-complainant to choose against whom he wants to litigate or seek relief - Plaintiff is a dominus litis to his suit and consequently a party, not impleaded, has no right to be impleaded against the wishes of plaintiff - General rule of O.1.R.10, CPC is subject to..........
