Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Eviction petition - Purchaser of property - Not a necessary party - Petition for eviction cannot be allowed to be converted to a suit for title - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99, Civil Procedure Code, 1908, Section , Order 22, Rule 5 -- Adjudication of inter-se dispute between legal heirs of decree holder - Suit for possession - Plaintiff died during pendancy of second appeal - One of the legal heirs impleaded as legal representative of deceased plaintiff on the basis of unregistered..........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 3, 4 -- Impleading of Legal Representative in execution proceedings - Waiver of objection - Decree holder died during pendency of appeal - Legal Representative brought on record - Judgment debtor party to appeal - No objection raised to impleadment of Legal Representatives - Appeal dismissed - Objection to impleadment..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 11, Limitation Act, 1963, Section 5 -- L.R's - Impleading of - Delay of six years - Setting aside abatement and condonation of delay - Applicants residents of rural area and not knowing that L.R's have to be brought on record within certain time - Rules of procedure are designed to advance justice and should be so..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Property transferred inspite of order of status quo - Impleading of transferee as a party to the suit - Transferee is subjected to the same obligation as that of transferor - Transferee allowed to be impleaded as a party...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- L.R's - Non impleading - Abatement - Partial abatement - Question has to be considered depending upon the fact as to whether the decree obtained is joint decree or a severable one - In case of a joint and inseverable decree if appeal abates against one or the other, the same cannot be proceeded with further for or against the..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Partial abatement of appeal - Gift deed giving distinct and separate share by metes and bounds to daughters - Revoked - Amount given in lieu of gift of plots - One of the daughter died during pendency of appeal - Application for impleading LR's declined - Appeal abated qua her only - Each daughter had distinct and separate..........
Civil Procedure Code, 1908, Order 1, Rule 8, 9, Civil Procedure Code, 1908, Order 22, Rule 1, 2, 11 -- Representative suit - Appeal against decree - Death of one of joint decree holders during pendency of appeal - Non impleading of his L.R's - Appeal does not abate...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 21 -- Execution - Any decree obtained without impleading proper parties cannot be exe-cuted - The decree which affects the rights of the persons not impleaded in the suit cannot be executed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of necessary parties - Land declared surplus - Allotted to petitioners - Suit filed challenging the order of Collector declaring the land surplus - Petitoner not made party to suit - Application under Order 1 Rule 10 rejected by Trial Cout - Petitioners allottee of the land, had accrued interest to protect the..........
