Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Respondent No.3 sought his impleadment on the basis of agreement to sell in his favour by respondent no.2 - It would be appropriate to implead respondent no.3 as a party to suit, so that he could put forth his objections to any partition and equities that would need to be worked out -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Authority from demolishing gate alleged to be constructed on road exclusively owned by plaintiff - Plea that approach road caters to needs of other inhabitants of area - Without their presence before Court, issues involved in suit cannot be..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - If a party is found to be either a necessary or proper party, Court would have jurisdiction to implead him, even against the wishes of plaintiff concerned...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Court may exercise discretion in impleading a person who is a proper party upon an application by a non-party to suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - A necessary party is a person in whose absence no effective decree could be passed at all by Court - Whereas a proper party is one who though not a necessary party is a person whose presence would enable Court to effectively and adequately adjudicate upon all matters in..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Respondents are lis pendens purchasers - Original defendant as well as his wife who sold the land to respondents are no more and their grand children who prosecuted proceedings might not be interested in pursing the proceedings - Lis pendens purchasers can be impleaded as parties -..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 10 -- Production of records in the custody of police - Alleged statements not available as per reply of DSP - In the absence of any material that documents are available and despite same, they are not furnished to petitioner, Court will not direct Deputy Superintendent of Police to send for documents and to give..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
