AI Overview...
-
Order 1 Rule 10 of Civil Procedure Code (CPC) - This rule allows courts to implead or strike out parties at any stage of the suit to ensure proper parties are before the court. It promotes procedural flexibility and justice by enabling the addition or removal of parties based on the case's requirements Edubilli Appamma VS Idubilli Ramulu - Andhra Pradesh, Kothalanka Durga Vara Prasada Rao VS Datla Chandraiah - Andhra Pradesh, Sri Vasavi Kanyaka Seva Trust VS DDistrict Collector, R. R. DISTRICT - Andhra Pradesh.
-
Scope and Application - The rule is applied in various contexts such as suits for partition, injunctions, specific performance, and property disputes. Courts interpret it liberally to facilitate just adjudication, including allowing impleadment of legal representatives, third parties, or additional defendants Edubilli Appamma VS Idubilli Ramulu - Andhra Pradesh, Kothalanka Durga Vara Prasada Rao VS Datla Chandraiah - Andhra Pradesh, Sri Vasavi Kanyaka Seva Trust VS DDistrict Collector, R. R. DISTRICT - Andhra Pradesh.
-
Procedural Aspects - The rule can be invoked through interlocutory applications, and service of such applications on counsel is valid. Courts have the discretion to appoint Commissioners or conduct further inquiries under provisions like Order 26 Rule 10(3) CPC to facilitate proper adjudication Guthula Satyamma VS Rudraraju Venkataraju - Andhra Pradesh.
-
Limitations and Restrictions - Certain cases, such as those involving specific acts like land reforms (e.g., AP Land Reforms Act), may restrict the maintainability of suits or applications under Order 1 Rule 10, especially when barred by specific statutes or procedural rules Gadde James VS Kolla Upendra Babu - Andhra Pradesh, Pothukuchi Syamasundary VS District Collector, Prakasam District. - Andhra Pradesh.
-
Judicial Interpretation - Courts emphasize a liberal and purposive interpretation of Order 1 Rule 10 to serve justice, including allowing amendments, impleadment of parties, or substitution of legal representatives, provided procedural requirements are met Sri Vasavi Kanyaka Seva Trust VS DDistrict Collector, R. R. DISTRICT - Andhra Pradesh, Rev. Moyya Gabriel Dhanaraju VS V. Venkata Kantharao - Andhra Pradesh, Guthula Satyamma VS Rudraraju Venkataraju - Andhra Pradesh.
Analysis and Conclusion:
Order 1 Rule 10 CPC is a vital procedural tool that ensures the proper parties are before the court for effective adjudication. Its liberal interpretation aids in preventing multiplicity of suits and achieving substantive justice. However, its application is subject to statutory restrictions and procedural compliance. Courts have consistently upheld its use to facilitate fair and comprehensive resolution of disputes, including in cases involving amendments, impleadments, or substitutions multiple references.
Search Results for "O1 R10 Civil Procedure Code"
2000 0 Supreme(AP) 307 • India - Andhra Pradesh
B.PRAKASH RAO
AP LAND REFORMS (CEILING AND AGRICULTURAL HOLDINGS) ACT, 1973, Sec11 - AP LAND REFORMS RULES, 1974, R10-A - CIVIL PROCEDURE CODE ... back land as third party rights have already set in - Plaintiff can seek for compensation as an alternative remedy - Civil ... As already stated supra, the act is a self contained Code in itself providing for various remedies at different levels including at the stage of surrender. ... Thus the suit as filed by the plaintiff is not maintainable and the question of any restitution ....
2002 0 Supreme(AP) 529 • India - Andhra Pradesh
J.CHELAMESWAR
CIVIL PROCEDURE CODE, Or1, R10 & Or22 - Suit for partition - Decreed - Application for final decree allowed - DHr died ... CPC and application under Or22, R 4 & 9 CPC - Scope of - Present suit filed for partition of suit property - Application ... same is in respect of partition suit ... Application under Or1, R10 ... Now a Code of Procedure must be regarded as such. It is procedure , something designed to facilitate justic....
2003 0 Supreme(AP) 1286 • India - Andhra Pradesh
AP RIGHTS IN LAND AND PATTEDAR PASS BOOKS ACT, 1971 - CIVIL PROCEDURE CODE, Sec8 - CIVIL PROCEDURE CODE, Or1, R10, Or6, R17 ... & Or22 - CIVIL RULES OF PRACTICE, Rule 28 - Amendment of pleadings - Subsequent events - Plaintiff filing suit for mandatory ... maintainable in view of bar under the Act and application also not maintainable as same is not in accordance with Rule 28 of Civil ... Rule 28 of the Civil Rules of Practice dealing with amendment in pleadings, ....
2004 0 Supreme(AP) 75 • India - Andhra Pradesh
B.PRAKASH RAO
CIVIL PROCEDURE CODE, Or1, R10(4) - CONSTITUTION OF INDIA, Art227 - Suit for partition - Some parties newly impleaded as defendants ... 10 Order 1 of Code of Civil Procedure is correct in the facts and circumstances. ... Be that as it may, there is no dispute in regard to the procedure as contemplated under the law including the civil Rules of Practice that whenever any interlocutory applications or other proceedings are being filed, the same can be validly served on the counsel, who is appearing....
1999 0 Supreme(AP) 622 • India - Andhra Pradesh
Y.V.NARAYANA
CIVIL PROCEDURE CODE - -Or1, R10 - Suit filed seeking specific performance of agreement of Sale - During pendency of ... Having failed to come on record as legal representative, it is not open to him to get himself impleaded under Or1, R10 ... Having failed to come on record as a legal representative, it is not open to him now to get himself impleaded by filing the present petition under Order I Rule 10 CPC. ... ... ( 1 ) THIS revision petition is directed against an order dismissing the peti....
2002 0 Supreme(AP) 1001 • India - Andhra Pradesh
T.CH.SURYA RAO
CIVIL PROCEDURE CODE, Or1, R10 - TRANSFER OF PROPERTY ACT, Sec52 - Purchaser of property filing application seeking to come ... ... ( 2 ) THE petition was filed under Order I rule 10 of the Civil Procedure Code seeking to come on record as a supplementary defendant. ... ... ( 1 ) ORDER :the revision petitioner assails the order dated 15-2-2002 passed by the learned Senior Civil Judge, suryapet in IA No. 40 of 2002 in OS No. 70 of 1996.
1998 0 Supreme(AP) 517 • India - Andhra Pradesh
B.S.A.SWAMY
CIVIL PROCEDURE CODE - -Or9, R10 - Suit for specific performance relating to properties of Church - Pastor of Church filed application ... ... ( 4 ) ACCORDINGLY the order of the Subordinate Judge is set aside and the application for impleadment is allowed under Order 9 Rule 10 C. P. C.
1998 0 Supreme(AP) 558 • India - Andhra Pradesh
R.BAYAPU REDDY
CIVIL PROCEDURE CODE - -Or26, R10(3) - Appointment of Commissioner - Commissioner visited suit locality and filed his report and ... Ranganayakamma, AIR 1958 AP 304, it is observed that if the report of the first Commissioner is unsatisfactory and the Court is dissatisfied with his proceedings, a second Commissioner may be appointed under the provisions of Order 26 Rule 10 (3) CPC. In Shib Charan v. ... ... ( 5 ) ORDER 26 Rule 10 (3) CPC specifically enables the Court "to make further enquiry through the Commissioner i....
2006 0 Supreme(AP) 80 • India - Andhra Pradesh
P.S.NARAYANA
In this case, since Junior Civil Judge made order only under Or7, R10 of CPC, Or7, R10-A of Code not ... AP CIVIL COURTS ACT, Sec16(3) - CIVIL PROCEDURE CODE, Sec15, Or7, Rules 10 & 10-A and Or43, R1 - CONSTITUTION OF INDIA, Art227 - ... Suit for cancellation of decree passed by Senior Civil Judge, filed before Junior Civil Judge in view of enhancement of pecuniary ... civil Judge, Miryalaguda in the light of Sec....
2000 0 Supreme(AP) 162 • India - Andhra Pradesh
B.PRAKASH RAO
CIVIL PROCEDURE CODE, Or1, R10 - Suit for simpliciter injunction - Parties on either side come up with independent titles ... and claims - Proper parties to the suit - Stated - Provisions under Or1, R10 have to be given a very liberal interpretation ... No. 348 of 1999 on the file of Principal junior Civil Judge, North and East, Ranga reddy District. ... The principles as laid down while interpreting order 1 Rule 10 of the C. P. C. , are well settled. In Razia Begum vs. ... "a....
Filter by Legal Phrase
