Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a legal representative - Death of defendant - Petitioner claims to be LR of deceased defendant, her right to participate in the suit is covered by O.22.R.3 CPC - She is not claiming independent right over property to file a separate suit - Petitioner being a LR is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is obligatory upon a party to demonstrate before Court as to how said party is necessary and proper party for adjudication of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner sought his impleadment on the basis that property in question is a waqf property - However, he is unable to demonstrate before Court relevant documents that property in question, where construction is likely to be raised, is a waqf property - Petitioner/applicant cannot be said to be a..........
Civil Procedure Code, 1908, Order 1, Rule 10, 9 -- Impleadment of a party - Non-joinder of necessary parties - Application for impleadment filed at the appellate stage - Application rightly rejected on the ground that plaintiffs cannot be permitted to rectify the mistake of non-joinder of parties...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for declaration and permanent injunction - Suit has been filed for benefit of all co-sharers, including two daughters of plaintiff as pleaded in plaint, plea of non-joinder of necessary parties, namely two daughters is not sustainable...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - In a suit filed u/s 92 CPC, plaintiff could not be said the dominus litis - It would be Court which would examine as to whether parties were to be added or not...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - Trial Court allowed the application simply on the basis of no objection having been given by plaintiffs and did not apply its own mind - Whether applicants were necessary or proper parties was not seen - It was not considered that they were strangers to lis as also..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joinder of defendants - Where separate suits were brought against persons and common questions of law or fact arise, joinder of defendants may also be done...........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- Question of joinder of parties involves joinder of causes of action as per conjoint reading of O.1.R.3, O.2.R.3 CPC...........
