Rent and Eviction -- Partnership firm - Impleading of L.R's of deceased partner - In view of O.30.R.4 CPC it is not necessary that legal representatives of the deceased partner should be necessarily impleaded as a party. (Civil Procedure Code, 1908, O.30.R.4)...........
Civil Procedure Code, 1908, Order 21 &22 -- Death of D.H. during pendency of execution - Impleading of L.R's Requirement of succession certificate - Punishment of stoppage of 5 increments set aside - Arrears of salary cannot be regarded as a debt - It is the balance amount which became due after the decree was passed in favour of the D.H. - - S.214 Succession Act is not..........
Civil Procedure Code, 1908, Section 115 -- Revision Petitioner was dead when the revision was heard and disposed of - Thereafter this fact was brought to the notice of the Court - Matter reopened and disposed of afresh after setting aside the abatement and impleading the L.R's...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for possession and mandatory injunction - Suit property transferred by defendant during pendency of suit - Presence of transferee is not only proper but necessary because without their presence the matter cannot be adjudicated properly - Any person claiming to be the rightful owner of the..........
Civil Procedure Code, 1908, Order 22, Rule 3 -(As in P&H) - L.R's - Impleadment - Limitation - There is no limitation for making an application for impleading L.Rs. after amendment in O.22.R.3 by Punjab and Haryana High Court - The lis of the parties should not fail on technicalities and procedural wrangles...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 10 -- Execution - Impleading of New Managing Partner of D.H. firm in execution - Allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Any person can be impleaded as party to the suit provided his presence is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of the multiplicity of proceedings is also one of the objects of the said..........
Limitation Act, 1963, Section 21(1) -- Proviso - Suit filed against respondent No.1 under bona fide belief that he is proprietor and owner of the shop - On becoming aware about name of real owner and proprietor who was none but brother of Respondent No.1 applied for impleading respondents Nos.2 & 3 - Held, plaintiff is entitled to implead respondents No.2 & 3 as defendants..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Suit through next friend - Suit is deemed to be instituted on the day the Court grants permission to next friend to sue and orders notices thereon - Plaintiff died by the time Court granted permission - Court has no jurisdiction to entertain suit filed by next friend on behalf of a dead person - Suit..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for injunction against Municipality from interfering with possession of plaintiff - Third party claiming ownership and possession of suit property seeking to be impleaded as defendant - Held, applicant is neither a necessary nor proper party - In a suit for injunction against Municipality third..........
