AI Overview...
- When can Order 1 Rule 10 be Prayed for Dismissal?
Main points and insights:
- Order 1 Rule 10 CPC primarily deals with impleadment of necessary or proper parties in a civil suit. It allows courts to add or remove parties to ensure the proper adjudication of the case Vinay Pasricha VS Bashir Ahmad Khan - Jammu and Kashmir, Hasmukhbhai Chhaganbhai Shah VS Babubhai T Nai - Gujarat, Bhagwani VS Mehar Singh - Punjab and Haryana, P. N. Nallasamy VS Chinnammal - Madras.
- Application for dismissal under Order 1 Rule 10 is typically made when a party seeks to be added or removed from the suit, and the court's decision can lead to dismissal if the necessary parties are not properly impleaded or if the application is dismissed Vinay Pasricha VS Bashir Ahmad Khan - Jammu and Kashmir, P. N. Nallasamy VS Chinnammal - Madras.
- Instances where Order 1 Rule 10 can be prayed for dismissal include:
- When a necessary party refuses to be impleaded or is not added despite the court's direction, leading to possible dismissal of the suit Vinay Pasricha VS Bashir Ahmad Khan - Jammu and Kashmir, P. N. Nallasamy VS Chinnammal - Madras.
- When a subsequent purchaser or third party attempts to be impleaded without proper grounds, and the court refuses, resulting in dismissal of their application Bhagwani VS Mehar Singh - Punjab and Haryana.
- When an application under Order 1 Rule 10 is contested, and the court finds the party's claim to be inadmissible or improper, leading to dismissal Bhagwani VS Mehar Singh - Punjab and Haryana.
- In procedural context, courts may dismiss a suit if the necessary party cannot be added or if the application under Order 1 Rule 10 is dismissed, as the suit cannot proceed without proper parties Vinay Pasricha VS Bashir Ahmad Khan - Jammu and Kashmir, P. N. Nallasamy VS Chinnammal - Madras.
- Cross-examination and related procedural issues are also discussed in some sources, but these pertain more to procedural stages rather than dismissals under Order 1 Rule 10 Ramji Rai VS Champa Rai - Madhya Pradesh, Ramji Rai vs Smt. Champa Rai - Madhya Pradesh.
Analysis and Conclusion:
Order 1 Rule 10 can be prayed for dismissal when the application to add or remove necessary parties is dismissed or when the parties fail to be properly impleaded, which hampers the just adjudication of the case. Dismissal can also occur if the court finds the application to be inadmissible or if the necessary parties refuse or fail to join despite directions, leading to the suit's dismissal for non-joinder or misjoinder of parties Vinay Pasricha VS Bashir Ahmad Khan - Jammu and Kashmir, P. N. Nallasamy VS Chinnammal - Madras, Hasmukhbhai Chhaganbhai Shah VS Babubhai T Nai - Gujarat.
References: - Vinay Pasricha VS Bashir Ahmad Khan - Jammu and Kashmir - Hasmukhbhai Chhaganbhai Shah VS Babubhai T Nai - Gujarat - Bhagwani VS Mehar Singh - Punjab and Haryana - P. N. Nallasamy VS Chinnammal - Madras - Ramji Rai vs Smt. Champa Rai - Madhya Pradesh - Baba Jagdish Nath Chela Mahant Prabu Nath and Mahant, Gaddi Dera Nath Darshani Yogi, Karnal (deceased) through his LRs vs The State of Haryana through the Collector, Karnal and others - Punjab and Haryana - Ramji Rai VS Champa Rai - Madhya Pradesh
Search Results for "When Order 1 Rule 10 can be Prayed Dismissal"
2009 0 Supreme(J&K) 288 • India - Jammu and Kashmir
MUZAFFAR HUSSAIN ATTAR
Amendment of Cause Title - Civil Procedure - Order 29 - Order 1 Rule 10 - Order 6 Rule 17 - [Order 29 of Code of Civil Procedure ... The court has the power to order for impleadment of necessary parties under Order 1 Rule 10 for just and proper disposal of the case ... Fact of the Case: Respondent no. 1 filed a suit seeking a decree against t....
2024 0 Supreme(Guj) 566 • India - Gujarat
DEVAN M. DESAI
(A) Civil Procedure Code, 1908 - Order 23 Rule 1-A and Order 1 Rule 10 - Application for transposition of appellant - Original appellant ... ... ... Issues: Whether the provisions of Order 23 Rule 1-A and Order 1 Rule 10 of the Code are applicable after the death of the ... Learned AGP has submitted that the applicant in the present set of fa....
2014 0 Supreme(P&H) 134 • India - Punjab and Haryana
MEHINDER SINGH SULLAR
Civil Procedure Code, 1908, O.1 R.10--Impleadment of necessary party--The subsequent purchaser does not get any right to be impleaded ... The plaintiffs refuted the prayer of the petitioners, filed the reply (Annexure P-4) and prayed for dismissal of the application. ... 3. ... The defendants contested the claim of the plaintiffs, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit. ... 2. ... ....
2007 0 Supreme(Cal) 134 • India - Calcutta
PRABUDDHA SANKAR BANERJEE
1 Rule 10(2). ... Whether the Trial Judge erred in allowing the application under Order 1 Rule 10(2) of the Civil Procedure Code. 3. ... SUBLETTING - ADDITION OF PARTY - ORDER 1 RULE 10 (2) OF CIVIL PROCEDURE CODE - TENANCY RIGHTS - REMEDY OF SUB-LESSEE - INDEPENDENT ... ... vi) Accordingly, the petitioner prayed for dismissal of the application under #HL_START....
2024 0 Supreme(MP) 409 • India - Madhya Pradesh
ANAND PATHAK
flfoy çfØ;k lafgrk] 1908 && vk-19 fu- 1 ,oa 2 rFkk vk-39 fu-1 ,oa 2 && 'kiFki ... C., 1908 -- O. 19 Rr. 1 & 2 and O. 39 Rr. 1 & 2 -- calling deponent of affidavit for cross-examination -- suit for declaration of ... No.3468/2018 decided on 24.07.2018 (I.L.R. 2018 M.P.2181) to submit that cross-examination of witness at the stage of Order XXXIX rule 1 and 2 CPC cannot be held invoking the powers under Order XIX rule 1#HL_E....
2024 Supreme(Online)(MP) 16057 • India - High Court of Madhya Pradesh
HON'BLE SHRI JUSTICE ANAND PATHAK, J
(A) Constitution of India - Article 227 - Code of Civil Procedure, 1908 - Order XIX Rules 1 and 2, Order XXXIX Rules 1 and 2 - Petition ... against trial court's order rejecting cross-examination of plaintiff on affidavit - Court held that cross-examination is permissible ... (Paras 1, 4, 11, 23) ... ... (B) Affidavits - Cross-examination ... No.3468/2018 decided on 24.07.2018 (I.L.R. 2018 M.P.2181) to submit that cross-examination of witness at the stage of Order X....
2025 Supreme(Online)(PH) 2224 • India - High Court of Punjab and Haryana
Nidhi Gupta, J
This ruling discusses the suit for declaration filed by the appellant against the dismissal by lower courts. ... An application under Order 1 Rule 10 CPC was moved by respondents/defendants No.4 to 13 which was allowed vide order dated 04.05.1987; and the said respondents were arrayed as defendants No.4 to 13 as parties. ... Accordingly, dismissal of the suit was prayed for. 5. ... It is accordingly prayed that the present appeal be....
2001 0 Supreme(P&H) 482 • India - Punjab and Haryana
R.L.ANAND
The defendant had obtained an injunction order against the plaintiff, claiming sole possession of the distributorship. ... With this prayer, the defendant prayed for the dismissal of the application under Order 40 Rule 1 C.P.C. ... 10. ... Thereafter, the plaintiff moved an application under Order 1 Rule 10 C.P.C. before the Honble High Court for being impleaded as respondent in....
2006 0 Supreme(All) 1291 • India - Allahabad
PRAKASH KRISHNA
XLI, Rule 1 and Section 151 of C.P.C., 1908, before Insolvency Judge to review said dismissal order—And L.I.C. also filed an appeal ... party as Insolvency—Dismissal of appeal by A.D.J., on ground of non-maintainability, inasmuch as order dated 5-10-1962, has merged ... Provincial Insolvency Act—Sections 75(1), First Proviso, 13, 14, 16, 17—Civil Procedure Code, 1908—Order XLI, Rule 1 and Section ....
2017 0 Supreme(Mad) 1615 • India - Madras
M.V.MURALIDARAN
Civil Procedure Code, 1908 - Order 1 Rule 10 – Civil Suit – Suit for partition of suit property - Legal ... for the dismissal of petition filed in I.A - Challenging said order, present Civil Revision Petition has been filed before this ... defendant in suit, since said defendant is necessary party in the suit for impleading as one of defendants in suit - Proposed party is prayed ... Therefore, the proposed party is prayed for the dismissal#....
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