Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party Suit for permanent injunction against Municipal Committee - Dispute as to encroachment of street - Applicants using the street and residing in the vicinity nearby - Apprehension that Municipal Committee will not put up a proper defence and will not contest the suit in a proper manner and that the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - In a suit concerning immovable property, where questions of title and possession are involved, it may happen that a decision may affect another person who has a direct interest in the property - To avoid multiplicity of suits it is proper to implead such person as additional defendant - He must have..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Earlier petition for divorce dismissed in default - Fresh petition on the same allegations of cruelty and desertion is barred...........
Civil Procedure Code, 1908, Order 19, Rule 1 -- Interlocutory application - To be decided on affidavits unless the Court finds it necessary to take oral evidence or to have the deponent of the affidavit produced in Court for cross-examination...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Provision made by husband for separate residence of wife during his lifetime - Wife has possessory right over property under such provision - Wife is entitled to injunctive relief...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2 -- Permission to sue as an indigent person - Schedule of movable and immovable property with the estimated value thereof to be annexed with the plaint - Rule is mandatory - Application is to be rejected when rule is not complied with...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as an indigent person - Where applicant is sole proprietor of firm and carries on business of his firm by availing credit facilities from bank, all assets of his firm on which lending bank does not hold lien, must be disclosed - Disclosure of only a few personal effects of proprietor, without disclosing..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - If the party seeking impleadment has some case or other to offer, having nexus to the suit claim or suit property, it is always desirable to implead him as a party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Court either suo motu or an application can implead a party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Proforma defendant - Transposing as plaintiff - Plaintiff and contesting defendant compromised - Suit already decided - Cannot be reopened by permitting the proforma defendant to be impleaded as the plaintiff in the suit - If the proforma defendant has any cause of action independently, it is always open to him to file suit..........
