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Results of non joinder of party

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Showing : 41-50 of 108 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to..........

CHHATTISGARH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Eviction suit - Suit brought by karta of joint Hindu family in his representative capacity - Other members of family are not necessary parties to suit - Suit will not fail by reason of non joinder of those members...........

CALCUTTA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for partition - It is only the co-sharers and not co-occupiers who are necessary parties - Co-occupiers are not necessary parties and for their absence, suit cannot be dismissed...........

GAUHATI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Eviction suit - Maintainability - All the legal heirs of original tenant are covered under the expression `tenant' and their no, impleadment would consequently be fatal for eviction suit - Suit, held, not maintainable...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of plot allotment in favour of subsequent purchaser without impleading him as a party defendant in suit despite knowledge about subsequent sale at the time of filing of suit - Non-joinder of subsequent purchaser, who is necessary party is fatal to case of plaintiff - Suit..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder of necessary party -..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - A party seeking joinder as a proper party will have to prima facie establish that such a party has interest in subject matter of litigation and same should come before the court...........

ORISSA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 47, Order 1, Rule 10, Land Acquisition Act, 1894, Section 50(2), 18 -- Execution proceedings - Necessary party - Non joinder - Acquisition of land for purpose of utilizing same by petitioner-company - Held, petitioner-company is proper party in all proceedings under Land Acquisition Act, 1894 and it has right of being heard...........

MADRAS HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Permissibility - Plaintiff sought declaration only in respect of superstructure - Suit was not in respect of land belonging to Tamil Nadu Slum Clearance Board - No relief claimed against Board - Held, impleadment of Board not necessary - Suit cannot be declared as bad in law for no, joinder of Board...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Non-joinder of party - Party against whom no relief is claimed in application is not necessary party at all...........

Showing : 41-50 of 108 Results