Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder of necessary party - Where a suit is found to be bad for non joinder of necessary party, Court not to dismiss the suit without affording an opportunity to the plaintiff to implead the necessary party...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 9 -- Plaint - Amendment - To implead a necessary party and seeking relief of mandatory injunction against him - Objection raised by defendant in his written statement as to non joining of necessary party - To remove that objection plaintiff sought the amendment - Amendment application..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), 9 -- Impleading of a party - Plaintiff when seeks impleading a person as a defendant on the ground that he is a necessary party Court may implead him - If claim against such person is barred by limitation, it may refuse to add him as a party and even dismiss the suit for non joinder of a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - State and Right holders (tikadars) - Suit for permanent prohibitory injunction, restraining defendants from causing any interference in their possession - Other tikadars are not interfering in possession of plaintiff - No relief has been claimed against the State - No allegation that anybody..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Proviso - Necessary party - Non joinder of necessary party is fatal...........
Civil Procedure Code, 1908, Section 79, Order 27, Rule 1 -- Suits by or against the Government - Parties to be impleaded are Union of India or Central Government or the State or State Government - Non joinder of necessary party is fatal...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Non joinder of necessary party in a suit for partition is fatal - Such defect cannot be cured in appeal by filing an application to implead them as parties to appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of necessary party - Maintainability - In initial suit for declaration defendant raising objection of non-joinder of necessary party - Still plaintiff not impleaded necessary party till expiry of 3 years - Later on, plaintiff`s application..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition on ground of bonafide necessity - Sub-tenant is not a necessary party - Held, that in a petition for eviction of tenant on the ground of sub letting, sub tenant is not a necessary party although he might be in possession of demised premises -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Plea of non-joinder of necessary parties raised by defendant - An issue also framed to that effect - Merely on such a plea applicant cannot be impleaded as a party against the wishes of plaintiff - If ultimately presence of applicant is found vital to the adjudication, the suit may be dismissed for..........
