Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Misjoinder or non-joinder of parties - Can be a ground for rejection of suit ultimately but cannot be ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Revocation of license is subject matter of respective suits - Plaintiff by way of amendment want to challenge mortgages/charges on entire premises created by defendant - Original plaintiffs being licensee are aware that there shall be charges/mortgages on entire premises, now..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - `Formal defect' is a defect of form prescribed by rules of procedure such as want of notice u/s 80 CPC, improper valuation of suit, insufficient Court fee, confusion regarding identification of suit property, misjoinder of parties, failure to disclose a cause of action etc...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder or misjoinder of parties - No suit shall be dismissed for misjoinder or non joinder of parties and Court may in every suit deal with the matter in controversy so far as regrading the right and interest of the parties actually before it...........
Civil Procedure Code, 1908, Order 1, Rule 9, 13 -- Non joinder or misjoinder of parties - Objection to be taken at the earliest possible opportunity and in all cases where the issues are settled at or before such settlement unless the ground of objection subsequently arises and such objection if not taken shall be deemed to have been waived...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Nothing but a bundle of facts and therefore, cause of action or joinder or misjoinder of party, cannot be made subject matter of exercise of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking off name of a party - A person, who has no interest to fight a litigation against another and who proclaims that he has been wrongly impleaded in the case since he has no claim over the subject matter, he should be deleted from array of parties resorting to O.1.R.10(2) CPC since it amounts to misjoinder of parties..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Misjoinder of party - When there is no operative decree against the party still he can file another suit to save his property from being taken delivery of in execution of decree and there is no embargo to his right of resistance to execution proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 15 -- Non-joinder and misjoinder of parties - Partition decree - Execution proceedings - Decree holder filed execution proceedings - Neither JD nor Collector were made party to execution proceedings - Execution proceedings suffers from no, joinder and mis-joinder of parties and thus,..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5 -- Order dismissing applications U.O.6.R.16, O.14.R.5 CPC - Composite petition u/art 227 of Constitution challenging said order disposing of two miscellaneous applications is not maintainable for misjoinder of cause of action - Dismissal of two miscellaneous applications unconnected..........
