Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of public Trust as party - Where application filed by petitioner for registration of Public Trust was allowed and same is challenged in appeal, Public Trust is a necessary and proper party for adjudication of appeal - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Defendants sold the land in question to Sehkari Samiti - However, controversy in the suit is decided on the basis of agreement alleged to have been executed by defendants with plaintiff - There is thus, no need to implead Sehkari Samiti as a party defendant..........
Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for recovery of possession u/s 6 of Specific Relief Act - Petitioner claiming himself to be co-sharer of the property in question and claiming to be in joint possession and joint ownership of property - This plea is not tenable taking into consideration..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - A party cannot be impleaded by filing an application U.O.6.R.17 CPC - A person can be impleaded as a party only if there is an application filed U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce by mutual consent - Impleadment of a stranger - A stranger to a matrimonial discord can never resist its resolution through dissolution on mutual consent...........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Non-impleadment of adulterer - Mere non-impleading of adulterer as co-respondent is not fatal to case of husband where DNA report indicates that wife was leading an adulterous life and said report is not challenged by wife...........
Arbitration and Conciliation Act, 1996, Section 7, 8 -- Arbitration agreement - Impleadment of non-signatory to agreement - At the referral stage, referral Court should leave it for Arbitral Tribunal to decide whether non-signatory is bound by arbitration agreement...........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - One of sisters of deceased plaintiff had earlier moved an application U.O.1.R.10 CPC for impleadment which was rejected - Once application for impleadment by one of sisters having been rejected, it cannot be held that other sister would fall in the category of LRs of..........
