Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Purchase of property during pendency of suit despite order of status quo - Property purchased without leave of Court - Order rejecting application for impleadment of transferee pendente lite, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Plaintiff is the dominus litis and he is to choose the defendants - However, Court has power to direct for addition of a person, if such person is a necessary or proper party - A person is a necessary party if in his absence no effective decree can be passed - He is a proper party if his presence is..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Impleading at the stage of final decree - Transferee pendente lite - Sale deed executed in defiance of injunction order - Impugned order rejecting application set aside - Impleadment application allowed...........
Motor Vehicles Act, 1988, Section 166, 168, 173, Civil Procedure Code, 1908, Order 1, Rule 10 -- Motor Vehicle accident - Claim petition - Dismissal on ground that true owner of offending vehicle is not impleaded, without recording any finding as to ownership of vehicle - Held, not sustainable - When Tribunal can implead any person who ought to have been impleaded and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for recovery of damages filed on behalf of partnership firm, alleging that firm stands dissolved - Third party moved application to become party to the suit alleging that firm is still subsisting - Held, if impleadment third party is likely to widen the scope of inquiry, then third party should not..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for specific performance - Two suits by two different persons qua same property and against same defendant - Plaintiff seeking his impleadment as a party in the second suit - Application dismissed - Held, proposed party must show some semblance of right and interest in the subject matter or a..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of necessary party - Maintainability - In initial suit for declaration defendant raising objection of non-joinder of necessary party - Still plaintiff not impleaded necessary party till expiry of 3 years - Later on, plaintiff`s application..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for injunction against Municipal Council seeking to restrain it from interfering in peaceful possession over the private passage - Plaintiff claiming it to be a private street whereas applicant claiming it to be a public street in which he has equal right as his outlets for discharge of waste..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Transfer of property during pendency of litigation without permission of Court - Such transfer is hit of doctrine of lis pendens - Transferee pendente lite is not entitled to be impleaded as a party to the suit as of right...........
