Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court is necessary for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Money suit - Proprietor of firm - Impleadment as defendant - Validity - Held, his presence is essential and necessary for just decision of case inasmuch as u, disputedly he was proprietor of firm from whom recovery was sought by plaintiff - No infirmity or illegality in impugned order - Petition dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit challenging notice to remove encroachment allegedly made on public way - Third party are adjoining land owners and as a result of unauthorised construction raised by plaintiff, their right to access is affected - Applicants have existing cause of action against plaintiff and also have entitlement..........
Civil Procedure Code, 1908, Section 53, Order 1, Rule 10, Land Acquisition Act, 1894, Section 18, 30 -- Land acquisition - Impleadment of third party applicants - Legality of - Third party applicants have not raised any dispute before Collector as contemplated by S.30 of the Land Acquisition Act - Controversy arising between the parties inter se - Held, it is not capable..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for defamation - In the absence of allegation of defamation against the person sought to be impleaded as a party to the suit, he cannot be impleaded merely on the basis that he forged and fabricated the resolution - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Object of - Held, only object of O.1.R.10 of CPC is to discourage contests on technical pleas, and to save honest and bona fide claimants from being no, suited - Power to strike out or add parties can be exercised by Court at any stage of proceedings - Thus, power of Court to add a party to a proceeding cannot depend solely..........
Civil Procedure Code, 1908, Order 1, Rule 10 -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for injunction - Prayer clause in suit has direct impact on rights of petitioner - Petitioner if not a necessary party is a proper party to the suit in whose absence the suit cannot be effectively adjudicated - Petitioner allowed to be impleaded as a party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - It is settled law that impleadment of a person cannot be allowed unless such person is a proper and necessary party or if the issue involved in suit cannot be properly decided without impleading him...........
Civil Procedure Code, 1908, Order 1, Rule 10 -..........
