Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Probate proceedings - When intervenors are questioning the title of testator, they would be stranger to proceedings - Remedy for a person questioning title, existence of property, construction of Will relating to right title and interest of any persons lies in filing a separate suit or an application..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Partition suit - Applicant filed application for transposing him as one of petitioners in final decree proceedings, as he contended that deceased plaintiff executed registered Will in his favour - Merely because petitioner is going to be transposed as one of petitioners in final decree proceedings..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A person cannot be impleaded merely because he would be incidentally affected by judgment or is interested in the fruits of litigation...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for permanent prohibitory injunction - Applicant set up a rival title over suit property - A simple suit for injunction cannot be converted into a suit for title - Applicant is neither a necessary nor proper party to proceedings - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application filed to implead the vendors of defendant no.10 - Ownership if any vests with defendant no.10, who is already a party to suit - Vendors of defendant no.10 have already transferred their interest in his favour - He is thus, not a necessary party to suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joining of defendants - Provision U.O.1.R.3 CPC would be attracted only when right to relief against defendants is said to be in respect of the same acts or transactions and common questions of law or facts would arise if separate suits were brought against them...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Sameness of interest or community of interest is essential and a prerequisite for applicability of O.1.R.8 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Provision of O.1.R.8 CPC will apply when interest is similar, even if interest is not joint, concurrent or identical...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Expression `same interest' used in O.1.R.8 CPC should not be interpreted to mean `identical interest' or `interest in entirety'...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Concept of necessary party in a purely Civil Suit and a Writ Petition cannot be one and the same - Scope of necessary party in a Writ Petition is much wider than in the Civil Suit - Persons to be vitally affected by order to be passed by Writ Court are necessary..........
