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..., by which the High Court has dismissed the said writ petition preferred by the appellants herein - original plaintiffs and has confirmed the order passed by the trial Court allowing application under Order ...the plaintiffs was closed, original defendant Nos. 1 to 4 filed an application under Order 1 Rule 10 CPC and prayed for impleadment of subsequent purchasers as party defendants alleging i...aggrieved and dissatisfied with the order passed by the trial Court allowing application under Order 1 Rule 10 CPC, which was filed at the instance of original defendant Nos. 1 t...
...dismissing the special civil application filed by the appellant, consequently affirming the order passed by the trial court rejecting the application filed under Order 1 Rule 10 ...order in the interest of justice.Order1. The application is not allowed....judgment. Hence, this appeal.4. The learned counsel for the appellant-original plaintiff contended that the subsequent application under Order 1 Rule 10 of the Code c...
...1, the appeal be disposed of having abated. At that stage, appellants moved an application on September 4, 1981 under Order 22 Rule 4 CPC for substitution. Before this application could be dispose...and therefore, the appeal abates as a whole. The High Court rejected the application of the legal representatives of deceased Respondent 1 Ganesh Narain Mathur moved under Order 1 Rule 10...observing that the provisions of Order 1 Rule 10 cannot override specific provisions of Order 22. As the limitation for taking action under Order 22 having long since expired, the consequ...
...Order1. This petition is against an order dismissing the application under Order 1 Rule 10 CPC filed by the petitioners to come on record in plac.... The deletion of the first respondent came to be made after his demise. Pending suit before compromise memo was recorded, the petitioners sought to come on record under Order 1 Rule 10 being that they...Order 1 Rule 10 CPC.2. The trial court accordingly held that the petitioners are neither necessary nor proper parties to the suit. On revision, the High Court upheld the same...
...counsel for the appellant that in order to get over the difficulty faced by it as a result of the decision of the trial court with regard to Issue 3, an application under Order 1 Rule 10 ...Section 70 to the facts of the present case. What is, however, important is that the High Court did not deal with the application under Order 1 Rule 10 CPC. If the application was not all...opinion that the High Court should have decided the appellant's application under Order 1 Rule 10 CPC and, thereafter, proceeded to hear the appeal in question. Not having disposed of the ...
...By this petition, a challenge is made to the order dt.03.08.2010 by which an application under Order 1 Rule 10 CPC was dismissed looking to the contr...application under Order 6 Rule 17 CPC, the UIT become relevant party thus the order dismissing application under Order 1 ...set aside.I have considered the submission made and find that the application under Order 1 Rule 10 CPC was heard before the amendment in the suit thus ta...
...wherein the trial court dismissed the application filed by Respondent 1 herein under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) for im...which is pending.5. In the ejectment suit, Respondent 1 herein filed an application under Order 1 Rule 10(2) of the Code praying therein that he may be allowed ....7. Therefore, the short question, which arises for consideration in this appeal, is whether the High Court was justified in allowing the application filed by Respondent 1 under Order ...
...that she was his lawfully married wife. Respondent 3 filed his written statement admitting the claim but on the same date respondents 1 and 2 made an application under Order 1 Rule 10(2) ...the Court to add parties under Order 1 Rule 10, CPC, came up for consideration before this Court in Razia Begum 1959 SCR...M. Fathima Beevi, J.— We have to consider in this appeal the question whether respondent 2 is a necessary or proper party to be joined as defendant under Order 1, Rule 10 of...
...allowing an application by the appellant under Order 1 Rule 10 of the Civil Procedure Code for correcting the name of the plaintiff in the plaint.2. The background of ev...petition. Insofar as the application under Order 1 Rule 10 is concerned, the High Court observed that the proper course for the appellant school was to move the Small Cause Court for getting the d...Act obtained an assignment of a bond through a bona fide mistake and instituted a suit on the basis of the same, the provisions of Order 1 Rule 10 would apply and the assignor can be substituted in place of the ass...
...Chhagan Lal as co-plaintiff on an application under Order 1, Rule 10 CPC is completely misdirected. He submitted that in the facts of the case where the respondent-plain...sought impleadment as co-plaintiff for reason of his father Madhoprasad''''''''s (the original plaintiff) infirmity, the trial court ought to have proceeded under Order 32, Rule 15 CPC to address ...court, there is no evident defence of the defendants to the application for impleadment as to the non-applicability of Order 1, Rule 10 CPC or the applicability of Order 32, ...
...Constitution of India seeking direction to the trial Court to expeditiously dispose of petitioner's application filed under Order 1 Rule 10 of the Code of Civil Procedure...Court wherein it has been stated that petitioner's application under Order 1 Rule 10 CPC was dismissed in default vide order CR NO.3453 OF 2012...as possible and preferably within two months from the date of receipt of certified copy of this order and then if application under Order 1 Rule 10 CPC is resto...
...bank on the basis of which bank guarantee was given. It was in these circumstances that an application under Order 1, Rule 10 of the Code was filed so that the matter in...-plaintiff under Order 1, Rule 10 of the Code. The presence of the legal representatives of Shri Sukhchain Singh in the facts and circumstances of the case would help in proper...1. This revision petition is directed against the order dated 11.5.1993 passed by Sub Judge 2nd Class, Chandigarh dismissing the application of the petitioner-plaintiff filed under...
...application under Order 1 Rule 10 of the Civil Procedure Code before the Revenue Court and the Revenue Court has...-Divisional Officer-I, Jaipur is hereby set aside. The application filed by Smt. Saroj Yadav under Order 1 Rule 10 of...under Order 1 Rule 10 of the Civil Procedure Code by Smt. Saroj Yadav on the grounds that the said Smt. Saroj Yadav...
...explained that a person who has a direct interest in the subject-matter of the suit for specific performance of an agreement of sale may be impleaded as a proper party on his application under Order 1 Rule...decisions were dealing with different situations requiring application of different facets of sub-rule (2) of Rule 10 of Order 1. This is made clear in Sumtibai (2007) 10 SCC 82 itself. I...against the wishes of the plaintiff. But this general rule is subject to the provisions of Order 1 Rule 10(2) of the Code of Civil Procedure (“the Code”, for short), which provides for impleadment of...
...amendment has been made.3. Learned counsel for the petitioner, at this stage, has submitted that the petitioner's application under Order 1 Rule 10 of CPC...petition with the liberty to file a fresh application for amendment, in case, the application under Order 1 Rule 10 of CPC is allowed.4. Learned ...respondent has opposed the said prayer on the limited ground that if fresh application under Order 6 Rule 17 of CPC is filed, then it should be decided on its own merits.5....
...The present petition directs challenge against order dated 27.03.2017 Annexure P7 passed by the Rent Controller, Chandigarh whereby application under Order 6 Rule 17 read w...the application under Order 1 Rule 10 read with Section 151 CPC Annexure P3 and application under Order 6 Rule 17 r...application under Order 1 Rule 10 read with CR-2906-2017 (O&M) -2- Section 151 CPC at the first instance and if the same is allowed then the application for ame...
...J.V Gupta, J. — This revision petition is directed against the order of the trial Court dated March 12, 1987, whereby the application under Order 1 rule 10, C...instituion could not ??? decided in the suit filed by the plaintiff. Thus, contended the learned counsel, the application under Order 1 rule 10 of the Code, was liable t...being sought by him against it therein.6. Consequently, this revision petition succeeds and is allowed. The impugned order is set aside and the application under Order 1 ...
....
The present petition is directed against the order of rejection of
impleadment application under Order 1 Rule 10 CPC moved by the
petitioner in Original Suit No. 656 of 1987 to ...of
deceased defendant no. 2 in the suit property.
A perusal of the supplementary affidavit filed today indicates that
previously the application under Order 1 Rule 10 CPC namely
....
The trial court, therefore, cannot be said to have erred in rejecting
the second application under Order 1 Rule 10 CPC namely paper
no. 179Ka noticing the aforesaid fact.
No inf...
...the Defendants has filed this Writ Petition challenging the Order Dated 4.8.2011 passed by the Learned Civil Judge (Junior Division), Kendrapara in C.S No. 316 of 2001 allowing an application under ...Khan expired, an application for substitution under Order 22, was filed. The said application was rejected & thereafter, the legal heirs of the said deceased Plaintiff filed an application under ...deceased Plaintiff &, therefore, provisions of Order 1, Rule 10 C.P.C cannot be made applicable for impleading the legal heirs of the deceased Plaintiff as parties. The Learned Court belo...
.... Only ten days later, on April 22, 1957, the Prince filed his written-statement, admitting the entire claim of the plaintiff for the two declarations aforesaid. On that very date, an application under Order 1 ...cause of action against the appellant. Respondents 1 and 2, however, filed an application under Order 1 Rule 10(2) of the Civil Procedure Code before the Judge of the City Civil Court, Hy..., then, to consider whether the circumstances appearing in this case justified the Judge of the City Civil Court to add Respondents 1 and 2 as defendants under the provisions of Order 1 Rule 10(2)...