Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Municipal Corporation issued notice for unauthorized construction - Legality and validity of said notice challenged - Applicants claimed to have ownership rights in the suit house - Held, in the suit the only necessary and proper party is Municipal Corporation, who had issued the notice - Suit can..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff being dominus litis cannot be forced to add any person as party to the suit, unless it is held, keeping in view the pleadings and relief claimed therein, that a person sought to be added as party is a necessary party and without his presence neither suit can proceed nor relief can be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Vacant property - In case of vacant property, which is incapable of being physically possessed all the time, principle of possession follows title is applied...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie plaintiff established his title over suit property - Incidentally, plaintiff also proved to be in lawful possession of property as against defendant no.1, who failed to establish prima facie title at interlocutory stage - Balance of convenience in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6A, , Section 11 -- Consolidated appeal against partial decretal and dismissal of counter claim - Not maintainable - There were two distinct adjudications though made by way of same judgment - Both these adjudications assume status of decree and they are required to be challenged..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Manipur (Village Authorities in Hill Areas) Act, 1956, S.3(2), Business of Govt. of Manipur (Allocation) Rules, 1999, R.2 - Impleadment of party - Bifurcation of amalgamated village - As per the record, villagers were never parties before the authority who has passed the impugned order and respondent No.4 being the headman of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Pendente lite transferee - He is entitled to be impleaded in the suit or other proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2, Transfer of Property Act, 1882, Section 53A -- Pleadings - Ground of previous recovery suit and part performance, were not pleaded by appellants-defendants in written statement - Held, if plea of S.53A of T.P. Act has been raised in ground of appeal, that will not cure defect and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment - Suit for specific performance - A purchaser is a necessary party as he would be affected if he had purchased with or without notice of contract, but a person who claims adversely to claim of a vendor is, however, not a necessary party...........
