Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Distinction between the two provisions - Two different and distinct provisions, deal with different eventuality and contingency - Under O.1.R.10 CPC, Court is vested with power to add a person as a party for a limited purpose, which is entirely different from one envisaged by..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of party after final decision - Application U.O.22.R.4 CPC having been preferred, application U.O.1.R.10 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Pendente lite purchaser - If a judgment is binding upon a person it is necessary to hear him before passing the judgment - After transferring the property the transferor loses all the interest in the property - If transferee is not impleaded, the other side..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partnership firm - Death of one partner - Devolution of interest - A registered partnership firm, consisting of only two partners, filed suit when both partners were alive - During pendency of suit one of the partners died - Partner who died is none other than the father of..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 30, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit by partnership firm consisting of two partners, father and son - Death of father - Out of the two surviving heirs, sister not interested in prosecuting suit - Held, surviving partner is entitled to continue the suit and amendment..........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transferee pendente lite has right to continue to prosecute or defend the suit by stepping into the shoes of transferor...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Purchaser pendente lite - Even though in view of doctrine of lis pendens transferee of a property pending disposal of suit is bound by the result of suit but Court in its discretion can implead him as party to..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent purchaser - Impleadment - A person who purchases a property pendente lite gets no new right and his rights will be subject to the right of his vendor in suit - It is fair and appropriate that purchaser is brought on record - Application allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10 -- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only..........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Alienee neither necessary nor proper party to the suit - Neither plaintiff is bound to implead such alienee nor the alienee has an absolute right to be joined as a party...........
