Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenant - Eviction petition - Can be filed without impleading sub- tenant and order of eviction on ground of objectionable sub-lease could be secured by landlord if sufficient materials are placed before the Court...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(i), 11(4)(ii), 11(4)(iv), 22, Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative of a tenant - Mere impleadment of sub-tenant ipso facto will not absolve landlord from his liability of impleading legal representatives of original tenant who died pending..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative - Decree passed without impleading legal representatives of a deceased party by passing a specific order leads to a decree against a dead person and therefore it becomes a nullity...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 27 -- Dismissal of suit for possession - Non-joinder of parties - Bar of second suit on principal of res judicata - Matter in issue, if it is one purely of fact, decided in the earlier proceedings by a competent Court, must in a subsequent litigation between the same parties be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(i), Hindu Marriage (Punjab) Rules, 1956, Rule 10 -- Divorce - Cruelty and adultery - Petition by husband - No evidence on record to prove that wife aborted the child and concealed the foetus at home - Ground of adultery against wife also not proved - Petition filed by husband knowing fully well about person with whom wife..........
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6 -- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of tenant - Partition suit - Court suo moto impleaded Manager of Bank as a party to suit, who is tenant - Tenant is neither a necessary party nor a proper party in a suit for partition - Impugned order of impleading tenant in a partition suit, set aside...........
