Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court is necessary for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Impleadment - Held, in considering an application U.O.1.R.10(2) of CPC, court can refuse to exercise discretion in the event if it is found that a step has been taken under a statute which provides for a complete remedy - In present case, financial institution has already initiated a proceeding under the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Factors to be considered - Held, when an application for impleadment of a party is filed, all that Court needs to consider is, whether applicant has made out a prima facie case on his interest in the subject matter of the dispute and whether his presence is necessary for proper and effectual..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Scope - Held, O.1.R.10(2) CPC does not speak about the right of a no, party to be impleaded as a party - It speaks about judicial discretion of Court to strike out or to add parties at any stage of a proceeding - Discretion under said Rule can be exercised either suo motu or on application of plaintiff or..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- L.R's - Impleadment in revision - If the heirs and legal representative are brought on record within the prescribed time at one stage of a suit, it will enure for the benefit of all the subsequent stages of the suit - If the legal representatives of a deceased plaintiff or defendant are brought on record in an appeal or..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application for - Delay of 7 years - Petitioner, son of defendant sought his impleadment after lapse of 7 years form the date of institution of suit on the ground that he is coparcener of joint Hindu family - Earlier Trial court was directed to conclude the proceeding within one year - Evidence has..........
Consumer Protection Act, 1986, Section 2(1)(m) -- Complaint - Trust - Non-joinder - Non-impleadment of Trustees - The plea of non-joinder of trustees and the complaint, therefore, not maintainable has not been specifically raised in the written statement - OPs cannot fill up this lacuna in the written arguments filed at the final stage of the case - Said OPs will,..........
Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Necessary party - Application for impleadment of a necessary party can be filed at any stage of proceeding provided the Court is satisfied that exceptional circumstances prevailing in the case, warrant the impleadment. (AIR 1987 SC 1970 followed)...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Impleading at the stage of final decree - Transferee pendente lite - Sale deed executed in defiance of injunction order - Impugned order rejecting application set aside - Impleadment application allowed...........
Civil Procedure Code, 1908, Section 10, Order 1, Rule 10 -- Suit for specific performance - Subsequent vendees - Application by subsequent vendees for impleadment as a party to the suit dismissed - Similar application by plaintiff at a subsequent stage is barred by principle of res judicata...........
