AI Overview...
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Order 1 Rule 10 CPC Not Maintainable after 15 Years - Generally, applications or suits seeking impleadment of parties under Order 1 Rule 10 CPC are subject to limitations. The courts have held that there is no inherent right for non-parties to be impleaded after a long lapse, especially beyond the prescribed limitation period (e.g., 15 years). For instance, in Shanti Singh VS Jugeshwar Nath Srivastava - Current Civil Cases, it is emphasized that Order 1 Rule 10 (2) CPC does not grant a right to non-parties to be impleaded arbitrarily, and limitation provisions like Article 137 of the Limitation Act are applicable. Similarly, in Shanti Singh VS Jugeshwar Nath Srivastava - Patna, the court clarified that non-parties cannot be impleaded as parties after the statutory period has expired.
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Limitation and Time Bar - Many references highlight that applications under Order 1 Rule 10 CPC become untenable after the expiry of limitation periods, such as 15 years, because the law favors finality and stability of judgments. For example, in Jyoti Vaswani VS Reshma Vaswani - Meghalaya, the High Court dismissed a plea under Section 151 CPC filed after 24 years, citing the specific limitation provisions.
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Legal Precedents and Court Interpretations - Courts consistently reiterate that the right to implead parties under Order 1 Rule 10 is not absolute and is confined within legal and procedural limits, including limitation statutes. The courts have dismissed applications or revisions that attempt to bypass these restrictions, as seen in Rayalaseema Sugar and Energy Pvt. Ltd. VS Muppala Usharani - Andhra Pradesh and HEINZ ITALIA VS DABUR INDIA LIMITED - Calcutta.
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Main Point and Conclusion - Applications under Order 1 Rule 10 CPC are not maintainable after the expiry of the limitation period, typically around 15 years, because the law restricts the addition of parties beyond the prescribed time. This ensures legal certainty and finality of proceedings, and courts have consistently dismissed such late applications, emphasizing adherence to statutory timelines.
Search Results for "Application under Order 1 Rule 10 Cpc Not Maintainable after Passing of 15 Years"
1983 0 Supreme(Mad) 444 • India - Madras
I.MAINTAINABLE
Code of Civil Procedure, 1908-Order 20, Rule 12-Suit by co-owners for partition in enjoyment under prior arrangement-Preliminary ... An application under Order 20, Rule 12, Civil Procedure Code, was filed in the Court after the passing of the decree for recovery of possession. ... Even after the passing of the preliminary decree it is open to the Court to give appropriate directions regarding all or any of these matters either suo m....
2016 0 Supreme(MP) 627 • India - Madhya Pradesh
ROHIT ARYA
, appeal filed by him not maintainable. ... can question appointment/selection of the said post within ten days -- respondent No.5 is not a female and not applicant -- therefore ... (1) Civil Servant -- appointment of Aanganwadi Worker/Assistant under the policy made amongst female candidates -- only applicants ... As a matter of fact, once the appeal is held to be not maintainable at the instance of respondent No.5, no application under O....
• India - Current Civil Cases
ARUN KUMAR JHA
(Paras 14 and 15) (B) Civil Procedure Code, 1908 – Order 1 Rule 10 (2) – Impleadment of necessary party in ... (A) Civil Procedure Code, 1908 – Order 1 Rule 10 (2) – Limitation Act, 1963 – Article 137 – Impleadment ... to all provisions of CPC and it is even applicable to petition filed under other enactments – There is no right under Order 1 #....
2010 0 Supreme(MP) 605 • India - Madhya Pradesh
N.K.MODY
Compromise - Civil Appeal - Code of Civil Procedure - Order 1 Rule 3(a), Order 23 Rule 3 - The court discussed the validity of ... The court held that no illegality was committed by the learned Appellate Court in passing the impugned order. ... The court held that no illegality was committed by the learned Appellate Court in passing the impugned order. ... Learned Counsel for Respondent Nos. 1 to ....
2022 0 Supreme(AP) 594 • India - Andhra Pradesh
NINALA JAYASURYA
is not maintainable and accordingly dismissed revision – Civil Revision Petitions dismissed. ... Petitions – Whether the Orders under Revision are not sustainable for non-compliance with provisions of Order XXI, Rule 22 of CPC ... Civil Procedure Code, 1908 – Order XXI, Rule 22, 54, 66 – Limitation Act, 1963 – Article 136 – Execution ... in terms of Order XXI, Rule 22 of CPC. .......
2019 0 Supreme(HP) 838 • India - Himachal Pradesh
JYOTSNA REWAL DUA
The defendant moved an application under Order 7 Rule 11 of the Code of Civil Procedure to reject the plaint, arguing that the use ... and that the application under Order 7 Rule 11 lacked merit. ... Finding of the Court: The court found that the application under Order 7 Rule 11 was rightly rejected as the grounds ... No provision of law has been brought to my notice that such a civil suit has to be treated as ....
2003 0 Supreme(Cal) 444 • India - Calcutta
MAHEMMAD HABEEB SHAMS ANSARI
TRADEMARK - INFRINGEMENT - PASSING OFF - MAINTAINABILITY OF SUBSEQUENT SUIT - ORDER XXIII RULE 1 CPC - SUBJECT MATTER IDENTITY ... Final Decision: The Court dismissed the application for injunction, holding that the subsequent suit was not maintainable. ... XXIII Rule 1 CPC. ... Sudipta Sarkar is not founded upon the provisions in Order XXIII CPC#HL_E....
2015 0 Supreme(Megh) 92 • India - Meghalaya
T.NANDAKUMAR SINGH
The High Court held that the application under Section 151 of the CPC was not maintainable as there was a specific provision in Order ... The trial court dismissed the application as not maintainable. ... Whether the application under Section 151 of the CPC was maintainable? 2. ... Case No.31 (H) 2013 filed under Section 151 of the CPC 24 years after p....
1997 0 Supreme(Mad) 440 • India - Madras
S.S.SUBRAMANI
of properties-Court passing preliminary decree-Plaintiff challenging the suit subsequently as not maintainable and only Insolvency ... Code of Civil Procedure, 1908-Section 9, Order 20, Rule 13-Suit filed by plaintiff for appointment of administrator and management ... proceeding maintainable-Held, suit filled before civil court not barred even the said questions/issues are triable by Insolvency ... By stating so, I should not be un....
2024 0 Supreme(Pat) 28 • India - Patna
ARUN KUMAR JHA
(Paras 14 and 15) Civil Procedure Code, 1908 – Order 1, Rule 10 (2) – Impleadment of necessary party in pending ... Civil Procedure Code, 1908 – Order 1, Rule 10 (2) – Limitation Act, 1963 – Article 137 – Impleadment of ... is no right under Order 1 Rule 10 (2) CPC to a non-party to be impleaded as a party to....
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