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Search Results for "Order 1 Rule 10"

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High Court

High Court of Karnataka Quashes Trial Court Order Rejecting Application to Implead Legal Representatives in Suit for Declaration and Injunction — Held That Order 22 Rule 4 CPC Does Not Apply to Defendants and Application Under Order 1 Rule 10 CPC Is Maintainable

1 Jun 2023

The petitioners, who are defendants in O.S. No. 224/2014 pending before the II Addl. Senior Civil Judge and JMFC, Raichur, filed a writ petition chall...

High Court

Karnataka High Court Allows Writ Petition Challenging Trial Court Order Refusing to Implead Trust Members in Suit for Declaration and Injunction — Held That Necessary Parties Must Be Joined Under Order 1 Rule 10 CPC to Avoid Multiplicity of Proceedings.

30 Sep 2022

The petitioners, who are trustees and office bearers of Shree Beereswara (Channakeshwara) Swamy Seva Trust, filed a writ petition challenging the orde...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Trial Court Order on Impleading Parties in Suit for Partition and Injunction — Upholds Order Allowing Impleading of Subsequent Purchasers as Necessary Parties Under Order 1 Rule 10 CPC.

29 Jun 2022

The petitioner, H.P. Subbareddy, filed a suit for partition and permanent injunction in respect of certain immovable properties. During the pendency o...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

Bombay High Court Allows Wife to Implead Mother-in-Law in Domestic Violence Proceedings Before Family Court — Section 2(q) of DV Act Permits Relief Against Relative of Husband. The Court held that the mother-in-law is a proper party under Section 2(q) and Section 26 of the Protection of Women from Domestic Violence Act, 2005, and cannot be deleted under Order 1 Rule 10 CPC.

4 Aug 2015

The petitioner, Ms. Ambreen Akhoon, filed a writ petition challenging an order dated 11.5.2015 passed by the Family Court at Bandra, Mumbai in Petitio...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Impleadment Application in Partition Suit — Petitioner's Right to be Heard as Necessary Party Upheld Under Order 1 Rule 10 CPC.

30 Sep 2014

The petitioner, Dattatraya S/o Laxman Anandkar, filed a writ petition challenging the order of the Civil Judge, Junior Division, Shrigonda, dated 30/0...

High Court

Bombay High Court Allows Impleadment of Shareholders in Patent Ownership Suit — Applicants Holding 6.3% Shares Have Sufficient Interest in Subject Matter of Suit. Shareholders are proper parties under Order 1 Rule 10 CPC when the suit concerns company assets that affect share value.

12 Mar 2014

The applicants, Percy Rutton Kavasmaneck and Aban Percy Kavasmaneck, filed a Chamber Summons seeking impleadment as party defendants in Suit No. 2932 ...

High Court

Bombay High Court Allows Revision Application of Co-defendant in Suit for Declaration and Injunction — Deletion of Party Ordered Under Order 1 Rule 10 CPC. Co-defendant Against Whom No Relief Claimed is Not a Necessary Party.

30 Nov -0001

The case involves two civil revision applications arising from a suit filed by Vidharbha Enterprises (plaintiff) against the Union of India and BSNL (...

High Court

Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

30 Nov -0001

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

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