Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ proceedings - Applicant is not connected to issue involved in the writ proceedings - He cannot be said to be a proper and necessary party in the proceedings - Application rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Title suit - Petitioners claim to be widow and children of original owner - They not only are proper parties to suit but they are indeed necessary parties to suit as without their presence no orders can be passed effectively by trial Court - If petitioners are not impleaded as parties, it would lead..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Plaintiffs have no objection to impleadment of petitioners as defendants - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs can only be in the circumstances: (i) when plaintiff has withdrawn the suit or abandoned the suit and (ii) when defendant has substantial question of law to be decided against any other defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Merely because plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In exercising discretion U.O.1.R.10 CPC, Court will take into account the wishes of plaintiff before adding a third person as a defendant to his suit - However, if Court finds that addition of new defendant is necessary to enable it adjudicate effectively and completely the matter in controversy..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where a person who claims interest by way of filing supporting documents and pleadings cannot be thrown out at the threshold - Application allowed...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce by mutual consent - Impleadment of a stranger - A stranger to a matrimonial discord can never resist its resolution through dissolution on mutual consent...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus litis - Defendant cannot ask plaintiff to add any person in the suit instituted by him - Application rightly dismissed...........
