Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance - A person entering into agreement to sell with the prospective vendees - One of the prospective vendees denied the execution of the agreement in favour of applicant - Even after execution of the main agreement to sell, no right has been vested in the prospective..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for mere injunction - Purchaser pendente lite - Plaintiff cannot be compelled to implead pendente lite purchaser when he is having no threat of dispossession at his hands - Dismissal of application, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Transferee pendente lite - The status of transferee pendente lite cannot be treated as of a stranger and is presumed to have constructive notice of lis pending in the court, therefore, he has to sink and swim together with transferors, as such, he is not a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 3B -- Impleadment of State - Failure to implead in appeal - Duty of appellate Court - State was impleaded as a party U.O.1.R.3-B of the Code before trial Court - By defect/default, appellant/plaintiff failed to implead State as a party/respondent - Held, appellate Court should have pointed out this defect and should have directed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Purchaser from a co-sharer - If his sale deed is not challenged on any other ground, is entitled to be made party in the suit for the reason that he cannot be allotted a share behind his back to which he may not agree...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Impleading of L.R's - Delay in impleading - Abatement - Setting aside abatement and condonation of delay - Explanation furnished for the delay should be accepted as a rule rather than refusal particularly when inaction or negligence cannot be imputed to be deliberate or with mala fide intent...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Impleading of L.R's - Delay in impleading - Abatement - Setting aside abatement and condonation of delay - A liberal approach ought be taken even though there may be some lapse on part of the litigant but that would not be enough to shut the doors of justice unless such delay is attributed to mala fide intention...........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 not applicable to execution proceedings - Execution proceedings do not abate for non impleading of L.R's - L.R's can be impleaded at any time in Execution proceedings - There is no bar to file a fresh Execution Petition also with the legal representatives on the party array,..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance - Pendente lite purchaser - When party sought to be impleaded is not claiming any independent title and they are claiming title through one of the parties, they are necessary and proper party and they are liable to be impleaded as parties to the suit - Application..........
Service -- Selection process cannot be quashed without impleading successful candidates as respondents...........
