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...Court held that under rule 10(2) of Order 1 of Code of Civil Procedure, the Court has power at any stage of the proceedings either upon or without an a...Janardhan P. Walawalkar (defendant No. 2) in purported exercise of its power under Order 1, Rule 10(2), Civil Procedure Code.5. ...invoke the inherent jurisdiction under section 151, Civil Procedure Code or the provisions of Order 1, Rule 10(2), Civil Procedure ...
...section 151, Civil Procedure Code or the provisions of Order 1, Rule 10(2), Civil Procedure Code indirectly. The law provide...cannot be negated by indirectly making an application after lapse of time either under section 151, Civil Procedure Code or under ...provisions of Order 1, Rule 10 or section 151 of Code of Civil Procedure by applying for impleadment of legal representatives of deceased party at any time afte...
...shoes of the original defendant, unlike a person who is added as a party to a suit by virtue of an order passed by the Court under Order 1, Rule 10(2) of the Code of ...provisions of Order 22, Rule 4 and Order 1, Rule 10(2) of the Code of Civil Procedure are fundamentally different. While in the case of former, the sub...completely adjudicate upon and settle all the questions involved in the suit. While the provision of Order 22, Rule 4 of the Code of Civil Procedure can be invoked as a matter of...
...Order I, rule 10, Civil Procedure Code, for adding respondents No. 1 and 2 as defendants to the suit.2. Briefly the facts are t...of 90 days. Thereafter, the plaintiff filed an application under Order 1, rule 10, Civil Procedure Code,...Order 1, rule 10, Civil Procedure Code. His precise submission is that the inaction on the part of a plaintiff to bring on record a person as defendant, cannot affect the right of the...
...(1) The question that arises in this revision is whether the first respondent has been properly directed to be impleaded under order 1, rule 10, civil procedure code....or no consequences. He also submits that since Order 1, rule 10 (2) , civil procedure code, enacts that unless and until it is necessary for the court ...:
"the 'expression' settle all the questions involved in the suit used in
Order 1, rule 10 (2) civil ...
...Assistant District Judge failed to appreciate the provisions of Order 1 Rule 10 of the Civil Procedure ...powers vested in the Court under Order 1 Rule 10 of the Civil Procedure Code. Sub-Rule (2) of Rule 10 of Order 1 of...settle all the question involved in the suit, be added.”7. From a bare reading of Order 1 Rule 10(2) of the Civil Procedure Code, it is ...
...and damages against the Non-applicant/defendant Bapurao. The defendant moved an application under Order 1, Rule 10(2), Civil Procedure Code stating the...under Order 1, Rule 10(2) of Civil Procedure Code filed by the defendant Bapurao and the order passed by Small Causes Judge, Nagpur on 8-4-199...Small Causes Judge, Nagpur, cannot be sustained and is consequently set aside. The application filed by the defendant under Order 1, Rule 10(2) of Civil Procedure ...
..., respective under Order XXXIX Rules 1 and 2 and Order I Rule 10 of the Code of Civil Procedure have been kept pending for an inordinately lon...Judge (Junior Division), Fourth Court at Sealdah, District North 24-Parganas to dispose of the applications, filed respectively under Order XXXIX Rules 1 and 2 and Order I Rule ...of the Code of Civil Procedure in connection with Title Suit No. 110 of 2014, pending in the said court, as expeditiously as possible, without 2granting any unnecessary adjournment to either...
...Order 1, Rule 10, Civil Procedure Code, has been declined.2. Briefly, the backdr...petitioners claiming themselves to be the widow and daughter of deceased Atam Parkash made an application under Order, 1 Rule 10 of the Code of Civil Procedure ...I.S Tiwana, J. (Oral) — The petitioners make a grouse of the order of the Rent Controller, Sonepat, dated 26th August, 1989, whereby their prayer under...
...Order VI Rule 17 Civil Procedure Code for amendment of the plaint and second application under ...regards the amendment application under Order VI Rule 17 Civil Procedure Code, it is the petitioner's submission that had the Court permitted production of letter dated 12-...rule 10 Civil Procedure Code for deletion of petitioner No. 2 from the array of defendants. While it is true that no material allegation has been made against petitioner...
...controversy in this appeal, is the true construction of sub-rule (2) of Rule 10 of Order 1 of the Code of Civil Procedure, and its application to the facts of this case,...Order 1 Rule 10 of the Civil Procedure Code, on behalf of (1) Sahebzadi Anwar Begum, and (2) Prince Shahamat Ali Khan, minor, under the guardianship of his mother, the s...appellants that whether the narrower or the wider view of the interpretation of sub-rule (2) of Rule 10 of Order 1 of the Code of Civil Procedure, is taken, the result, ...
...one for partition. The legal heirs of the deceased first defendant filed an application under Order 22 Rules 4 and 5 of Civil Procedure Code to implead themselves, but did not prosecute that application again. Subs...Civil Procedure Code which came to be dismissed. Aggrieved over the same, the present revision has been filed.
2. Mr.Ma.Gowthaman, learned counsel for the revision petitioners woul....
5. I have to agree with Mr.N.Srinivasan, learned counsel that if an application under Order 1 Rule 10(2) of Civil Procedure Code is allowed and t...
...framing a scheme under Section 92 of the Code of Civil Procedure. The power of the court to allow impleadment under Order 1 Rule 10(2...Civil Procedure under such circumstances is beyond dispute. Moreover the plaintiffs in the suit have not challenged the order for impleadment and only the third defendant has filed this writ...by the impugned order permitted Sree Narayana Dharma Sangham Trust represented by its general secretary to be impleaded as one of the party defendants.2. The founder of Swami Ramananda...
...B.V Pinto, J.:— This writ petition is filed by the applicant in OS No. 441/2009 who has filed an application before the trial Court under Order 1 Rule 10(2) of Civil ...the suit schedule property, he is a necessary party to the suit.6. Hence, the trial Court is directed to consider the application under Order 1 Rule 10(2) of Civil...the applicant to implead himself as defendant No. 5 in the suit as he is proper and necessary party to adjudicate the case.2. Though the application was...
...validity of the order dated 13.7.2018 passed by the trial Court, by which, the applications preferred by the petitioner under Order XI Rule 12 and under Order 1 Rule 10(...had been dismissed and the application under Order VI Rule 17 of Civil Procedure Code, 1908 has been partly allowed. 5...Sri. P.Mahesha, learned Counsel for the petitioners. Sri. G.S.Bhat, learned Counsel for respondents No.2 and 5. In view of the endorsement made in the postal track consignment sheet...
...acquisition of the land thereby. Concededly, the said applications were not maintainable at that stage.9. She filed an application under Order 1 Rule 10(2) of the Code o...Court arises out of the order of reference, the provisions of Order 1 Rule 10(2) of the Code of Civil Procedure was not maintainable. The correctness or otherwise of the...maintainable. It may be true that in the proceeding of a suit, the court can in a changed situation entertain a second application under Order 1 Rule 10(2) of the Code of Civil ...
...Order 1, Rule 10 of Civil Procedure Code filed by the plaintiff Munikumar Rajdan has been accepted on t...Order 1, Rule 10 of Civil Procedure Code is not maintainable.3. Learned counsel for the ...Order 1, Rule 10 of Civil Procedure Code could have been allowed in the garb of mandatory compliance of...
...ON IA NO.12 UNDER ORDER 1, RULE 20 OF THE CIVIL PROCEDURE, CODE VIDE ANNEXURE-E. ALLOW ANNEXURE-C
THEREBY ALLOWING THE PETITIONERS APPLICATION FILED UNDER
....12 UNDER ORDER 1, RULE 20 OF CIVIL PROCEDURE CODE VIDE ANNEXURE-E. ALLOW ANNEXURE-
C THEREBY ALLOWING THE PETITIONERS APPLICATION FILED
..., MAYOHALL UNIT,
BANGALORE, IN O.S. NO.15344/2004, ON I.A NO.12 UNDER
ORDER 1, RULE 10(2) OF CIVIL ...
...set aside Ext.P3 order of injunction granted by the said Court in IA No. 2039/17 in that suit. The said order is one granted under Order XXXIX Rule 1 of the Code of ...Rule 1, and any order passed in exercise of the powers in Order 39 Rule 1 would be appealable as indicated in Order 43 Rule ...of the petitioners/defendants 1 to 5 to file an appeal under Order XLIII Rule 1(r) of the Code or to approach the learned Munsiff or the court holding additional charge of...
...17.06.2015 PASSED ON I.A.NO.10 FILED UNDER ORDER 1 RULE 10(2) OF CODE OF CIVIL PROCEDURE, IN O.S.NO.169 OF 2007, ON THE...permanent injunction. During the pendency of the suit, petitioner filed an application under Order 1 Rule 10(2) of Code of Civil Procedure seeking to i...merit is dismissed. Sd/- JUDGE Order 1 Rule 10(2) of Code of Civil Procedure...