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..........
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...........
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...........
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...........
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..........
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 -..........
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...........
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...........
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...........
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...........