Civil Procedure Code, 1908, Order 1, Rule 9 -- Objection as to no, joinder and mis-joinder of parties - Ought to be taken immediately and it cannot be brought at any time, for, suit itself cannot be defeated by reason of such mis-joinder...........
Independent witness -- Non Joinder of independent witness at the of seizure, itself does not create any dent in the prosecution evidence, unless something more is made visible - absence of son of deceased at the time of taking out of dead body form canal is no ground to create any doubt in prosecution case - Conviction of accused proper...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of plot allotment in favour of subsequent purchaser without impleading him as a party defendant in suit despite knowledge about subsequent sale at the time of filing of suit - Non-joinder of subsequent purchaser, who is necessary party is fatal to case of plaintiff - Suit..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder of necessary party -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3 -- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - A party seeking joinder as a proper party will have to prima facie establish that such a party has interest in subject matter of litigation and same should come before the court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plea of no, joinder of parties - Plea not raised in the trial Court or in the lower appellate Court at any stage - Held, it is not open to appellants to raise this contention without pleading and without evidence in support of this plea for the first time in second appeal...........
Civil Procedure Code, 1908, Section 47, Order 1, Rule 10, Land Acquisition Act, 1894, Section 50(2), 18 -- Execution proceedings - Necessary party - Non joinder - Acquisition of land for purpose of utilizing same by petitioner-company - Held, petitioner-company is proper party in all proceedings under Land Acquisition Act, 1894 and it has right of being heard...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Permissibility - Plaintiff sought declaration only in respect of superstructure - Suit was not in respect of land belonging to Tamil Nadu Slum Clearance Board - No relief claimed against Board - Held, impleadment of Board not necessary - Suit cannot be declared as bad in law for no, joinder of Board...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219(1) -- Dishonour of cheque - Four cheques - Single complaint is maintainable - All four cheques dated 27.07.2011 presented on same day in pursuance of agreement entered into between parties - Said cheques were returned on same day - One statutory notice issued in respect of all four..........
