Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of easementary rights and injunction - Proposed defendant is the joint owner of adjoining land in question - Without his impleadment proper and final adjudication in regard to easementary rights arising out of property in question cannot be made - Plaintiffs held, justified in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Specific Relief Act, 1963, Section 19 -- Impleadment of co-owners as defendants - Suit for specific performance - Petitioners sought their impleadment on basis that they are co-owners in possession and enjoyment of suit property along with defendants - They will be proper parties to suit which will enable Court effectually..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Impleadment of adulterer as party - Act does not make it obligatory to implead alleged adulterer on the ground of adultery - However, alleged adulterer is a proper party to proceedings u/s 13(1)(i) of the Act, even though he is not a necessary party - Direction of Court below to implead adulterer as party..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order to enable Court to effectively..........
Civil Procedure Code, 1908, Section 100 -- Second appeal by transferee pendente lite - Maintainability - Suit for specific performance - Purchasers pendente lite, who have not come on record either in suit or during first appeal, have no right to file second appeal independently, in spite of Second appeal filed by their vendor is pending - However, purchasers can seek..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleadment of a party - Suit for recovery - Addition of another legal heir - Suit against him became time barred - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Execution proceedings - Enforcement of arbitral award - JD and award holder entered into tripartite agreement with third party - Such agreement created valuable rights in favour of third party in respect of subject matter of dispute - Prima facie third party thus, has a right to get his claim made on..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for realization of money instituted by a member against society - Society is a party to appeal and represents all its members in appeal/suit - Petitioner being members of society are not necessary parties to proceedings - Their presence is not required for effectually and completely..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Where party purchased suit property during pendency of suit, impleadment could be directed U.O.22.R.10 CPC and not U.O.1.R.10 CPC - Merely because while allowing such impleadment, Court referred to O.1.R.10 CPC, it would not render order..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Third party or a stranger to contract cannot be added as party to suit so as to convert a suit of one character into suit of different character, as they are not necessary parties...........
