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 -- 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...........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Non-impleadment of adulterer - Mere non-impleading of adulterer as co-respondent is not fatal to case of husband where DNA report indicates that wife was leading an adulterous life and said report is not challenged by wife...........
Arbitration and Conciliation Act, 1996, Section 7, 8 -- Arbitration agreement - Impleadment of non-signatory to agreement - At the referral stage, referral Court should leave it for Arbitral Tribunal to decide whether non-signatory is bound by arbitration agreement...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection regarding impleadment of LR's of DH - Objection was dismissed vide detailed order - No challenge was made to said order - Thereafter first execution petition remained pending for more than 3 months before it was withdrawn - Petitioner having not laid any challenge to said orders cannot plea qua same that too..........
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..........
