Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - A person may be added as a party defendant though no relief is claimed against him, provided his presence is necessary for a complete and final decision on question involved in suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for permanent injunction - Suit property was mortgaged against huge amount due in favour of respondent No.3 bank - Respondent No.3 has a direct interest in the subject matter of suit and findings recorded in suit will certainly affect rights of respondent No.3 and his presence before Court is..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section 146 -- Transferee pendente lite - Question of necessary or proper party is not required to be considered for impleading a transferee pendente lite - If person sought to be impleaded as a party is legal representative of a party to the suit, it is..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Doctrine of dominus litis - Plaintiff is dominus litis - Applicants cannot force plaintiff to litigate against them - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - There is no hard and fast rule that subsequent purchaser during pendency of suit can never be impleaded as a party - Court has discretion to add any person as party to suit, who is found to be a necessary or proper property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Subsequent purchaser - Defendants already proceeded ex parte and there is no one to contest the suit except the subsequent purchasers to protect their rights as decision of suit has direct effect on their rights - Order allowing impleadment as a party, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Necessary and proper party - A necessary party is the person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a necessary party is not impleaded, the suit itself is liable to be dismissed - A `proper party' is a party who, though..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest transferee suffered prejudice on..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite - Purchasers claim that they have become co-sharer in the suit land - Presence of subsequent purchasers is necessary for complete and effective adjudication of dispute - Application rightly allowed...........
