Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Suit for injunction - Applicant claiming continuing title over disputed land - He did not say that he was not in possession - Held, a person who asserts title and does not specifically say in application that he is not in possession it may be presumed that he is asserting possession - Applicant is a..........
Civil Procedure Code, 1908, Order 22, Rule 8, Civil Procedure Code, 1908, Section , Order 1, Rule 9 -- Abatement of appeal - Respondent died - His heirs namely surviving widow and daughters not been brought on record - Held, in absence of legal representatives of deceased respondent appeal is not competent - Abatement of appeal is automatic...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Should be allowed to be brought on record as party to the suit or appeal - However, when Court thinks that such a impleadment is vexatious or designed to unnecessarily protract litigation, Court may..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for mere injunction - Purchaser pendente lite - Plaintiff cannot be compelled to implead pendente lite purchaser when he is having no threat of dispossession at his hands - Dismissal of application, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Transferee pendente lite - The status of transferee pendente lite cannot be treated as of a stranger and is presumed to have constructive notice of lis pending in the court, therefore, he has to sink and swim together with transferors, as such, he is not a necessary party...........
Civil Procedure Code, 1908, Order 23, Rule 1(5), Civil Procedure Code, 1908, Section , Order 1, Rule 10(2) -- Joint suit - Withdrawal from - Suit for declaration and permanent injunction filed by two plaintiffs - Withdrawal of suit by one of the two plaintiffs without consent of other - Share which forms subject-matter of suit are in individual name of two plaintiffs but..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Death of tenant - Application for impleadment moved by petitioners, who were joint tenants, rejected by Prescribed Authority - Validity - Held, decree passed against joint tenant would bind other heirs of deceased tenant though they were not impleaded in the suit - Rejection of..........
Civil Procedure Code, 1908, Order 1, Rule 3B -- Impleadment of State - Failure to implead in appeal - Duty of appellate Court - State was impleaded as a party U.O.1.R.3-B of the Code before trial Court - By defect/default, appellant/plaintiff failed to implead State as a party/respondent - Held, appellate Court should have pointed out this defect and should have directed..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Land in disputed recorded in the name of one `B' after death of his father `K' - Petitioner did not challenge mutation entry immediately - During pendency of suit petitioner moved Revenue Court to seek his share in the property - Perusal of order passed by Revenue..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit on behalf of all the co-sharers - Held, permission of Court and notice to all the parties proposed to be represented are the essential pre conditions to file suit in representative capacity on behalf of all the co-sharers...........
