Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of party after final decision - Application U.O.22.R.4 CPC having been preferred, application U.O.1.R.10 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Applicant cannot be impleaded as a party to the suit when no relief is claimed against applicant - Applicant is thus neither a necessary party nor a proper party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Impleadment sought on the basis of Will executed in favour of applicant - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Pendente lite purchaser - If a judgment is binding upon a person it is necessary to hear him before passing the judgment - After transferring the property the transferor loses all the interest in the property - If transferee is not impleaded, the other side..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Parties to suit - Plaintiff being "Dominus Litis" entitled to have his say regarding parties to suit and also cause of action pleaded therein - However, plaintiff's position as "Dominus Litis" is not absolute - The right cannot be used to defeat statutory rights of other parties to suit - It cannot be an impediment in the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendants No.6 to 8 as parties to the suit - Defendants No.6 to 8 are not necessary parties to suit - Defendants No.6 to 8 joined solely in order to defeat the arbitration clause between plaintiff and defendants No.1 to 4 - Right conferred u/s 8 of Arbitration Act is a valuable right which cannot be allowed to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party to the suit as a plaintiff and amendment of plaint - Two relief are not interconnected with each other - These two reliefs cannot be claimed in one application...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party as plaintiff - Almost a rarity - It would be possible only when an individual who does not have any independent identity, but is sailing with the plaintiffs in all respects and is not claiming any individual claims - In such an extent he can be impleaded as plaintiff, that too at his request...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Registered sale agreement executed in favour of third party before institution of suit - Such transaction is not hit by S.52 of Transfer of Property Act - Held, such third party is necessary and proper party especially when his vendors are not contesting..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
