Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - In the absence of necessary parties, i.e. non joining of five sisters in suit, no preliminary decree could be passed, declaring rights of plaintiff - Therefore, suit qua properties No.1, 2 fails for want of no, joinder of necessary parties...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party is a party in whose absence no decree at all can be passed and suit is liable to be dismissed for want of necessary party - Non-joinder of necessary party in a suit is thus, fatal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no,..........
Civil Procedure Code, 1908, Order 1, Rule 9, Succession Act, 1925, Section 63 -- Non-joinder of necessary party - Will - Petitioner claiming their entitlement only on basis of Wills and petitioner were justified in impleading only those legal heirs who were contesting Wills or were setting up a counter Will and excluding other legal heirs, if any, who were not disputing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When plaintiff failed to carry out..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of parties or cause of action - Different causes of action were continuity of the agreement and oral agreement - Held, appellants could have joined as plaintiffs in a suit and suit is not bad for mis joinder of parties or causes of action...........
Civil Procedure Code, 1908, Section 99, 141 -- Law applicable to appeals applies to revision as well in view of S.141 CPC - No decree can be reversed or substantially varied in appeal on account of mis-joinder or no, joinder of parties...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit u/s 92 CPC - Seeking removal of all persons including Trustees, Directors, Secretary and Cashier etc. - Suit is not maintainable without making them as parties to suit, as suit is bad for no, joinder of necessary parties...........
