Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of party - Plea of non-joinder cannot be raised at appellate stage...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 15 -- Non-joinder and misjoinder of parties - Partition decree - Execution proceedings - Decree holder filed execution proceedings - Neither JD nor Collector were made party to execution proceedings - Execution proceedings suffers from no, joinder and mis-joinder of parties and thus,..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of causes of action - Plaintiff may unite in the same suit several causes of action against same defendant or the same defendants jointly - There cannot be joinder of causes of action when there are different set of defendants who have different causes of actions...........
Civil Procedure Code, 1908, Order 1, Rule 10, Rights in Land and Pattadar Passbooks Act, 1971, Section 4, 9, Registration Act, 1908, Section 22 -- Impleadment of a party - Refusal to register document - Complaint against action of registration department in not entertaining a document for registration - District Collector and the jurisdictional Tahsildar or the department..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot be cured by impleading them..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to take contention that party is..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application for rehearing the appeal,..........
