Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading as party respondent - Petitioner claimed that entire money was deposited with Rehabilitation Department of state which could be verified and established only by concerned state but not impleaded as party - No proof adduced in respect of deposit of amount - Writ petition not maintainable...........
Civil Procedure Code, 1908, Section 146, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Transferee pendente lite - If the person sought to be impleaded as party is legal representative of a party to the suit, it is sufficient for Court to order impleadment/substitution of such person - A transferee pendente lite is a legal..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Trust property - Beneficiary of trust has right to be impleaded as party - He cannot be treated as stranger...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Power to add a party is either on application or suo motu by Court of its own motion to be based on judicial discretion irrespective of consent of party or opposite party concerned to the lis...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Does not depend solely on the question whether applicant has interest in the suit property - However, question to be considered is whether right of said person may be affected if he is not added as party - Such right includes necessarily an enforceable legal right...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for mandatory injunction - Applicant having share in the property in dispute - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent transferee during pendency of suit - Application U.O.1.R.10 CPC is not maintainable - It is always open to subsequent transferee to prosecute the matter by moving an application U.O.22.R.10 CPC which would then be considered by Court...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Scope of provision of O.1.R.10 and O.22.R.10 CPC is quite different - If an application is filed U.O.1.R.10 CPC then it means that applicant is claiming his right of contest in his own capacity independently, without being governed by the stand taken by initial plaintiffs..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent transferee - It is application U.O.22.R.10 CPC which is maintainable and not application U.O.1.R.10 CPC - Scope and ambit of the two provisions is quite different - In the case of subsequent transferee when application is filed U.O.1.R.10 CPC it is not maintainable -..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Application for transposition - Limitation u/s 21(2) of Limitation Act does not apply in case of transposition, where a plaintiff is made a defendant or a defendant is made a plaintiff...........
