Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite without order or authority of Court - Neither necessary nor proper party to the suit - Cannot be impleaded as a party to the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite without authority of Court - Neither necessary nor proper party - As regards jeopardizing interest of a person who is not a party to the suit, held, if a person is not a party to a suit, the decree does not affect him unless the..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Affect of decree on person not party to suit - Decree does not affect him unless the judgment is in rem and not in personem...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Commencement of trial - Trial is deemed to commence when the issues are framed and the case is set down for recording evidence. (2005) 4 SCC 480 relied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ancestral Property - Stay of alienation - Compromise/family settlement among sons, father and minor son and widow of predeceased son - Settlement duly signed by parties - Minor son of predeceased son entitled to share in ancestral property in terms of family settlement - Grandfather entered into agreement to sell..........
Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Permissible only if suit is withdrawn or abandoned - Defendant cannot be transposed as plaintiff on the ground that plaintiff had gone abroad...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, 5, Evidence Act, 1872, Section 101 -- Recasting of issues at appellate stage - Suit for possession - Decreed by Trial Court - In appeal, the Appellate Court set aside judgment & decree on the ground that issues framed by Trial Court not happily worded and burden of proof was not appropriately put - Appellate Court reframed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & Proper parties - Suit for permanent injunction - Dispute as to whether plaintiff encroached upon land of the road - Road, streets and passages within village vests with Gram Panchayat being Shamlat land u/s 2(g) of the Punjab Village Common Land (Regulation) Act 1961 - Gram Panchayat necessary and proper party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & Proper parties - Suit for permanent injunction - Application for impleading party as defendant - Applicant necessary & proper party - Although plaintiff has right to choose defendant in suit for permanent injunction, yet he cannot be permitted to omit necessary & proper parties...........
