Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking off name of a party - Where the name of defendant has been joined improperly as neither there is any cause of action shown nor relief has been claimed against that defendant, he is having remedy to move application to strike out its name from array of defendants...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Defendants by executing sale deed of suit property created third party interest and has complicated the matter - They cannot take advantage of their own wrong and now claim that subsequent purchasers should not be made parties - Subsequent purchasers are proper parties..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Probate proceedings - Petitioners/intervenors are step sons of testatrix - Testatrix died during lifetime of her husband - In case probate is not granted to the sons of testatrix, property devolves upon her sons, daughters and her husband - If the property devolves upon husband, naturally..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - If for adjudication of real controversy between parties on record, presence of a third party is necessary then he can be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Provision of O.1.R.10(2) CPC is very wide and powers of Court are equally extensive and Court may at any stage of proceedings order that name of any party who ought to have been joined as a plaintiff or defendant or whose presence before Court may be necessary in order to enable Court effectually and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Person who is alleged to have received the amount on behalf of vendor is not a necessary party - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Appellant has a registered sale deed in his favour and has therefore seemingly acquired an interest in the Subject Land - Whether or not the consideration was paid, is a disputed question of fact that shall be determined by Trial Court - Mere fact that registered sale deed was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners cannot claim to be impleaded as party in the suit, where no relief is claimed against them - Any decree passed against a stranger is nullity, therefore any decree passed in the suit will have no effect on the rights of petitioners in the suit land, if any -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Limitation - Suit for specific performance - Question of limitation would be applicable only when sale deed is sought to be challenged and not when a party sought to be impleaded...........
