A necessary party is one without whom no effective decree can be passed, while a proper party is one in whose absence an effective decree...

 In the realm of property disputes, specific performance suits are common remedies for buyers seeking enforcement when a seller breaches a s...

 Order XXXIV, Rule 1 of the Code of Civil Procedure, 1908 deals with the parties that must be joined in suits relating to mortgages of immov...

  The Hon'ble Apex Court in case of Anita Sharma Vs. New India Assurance Company, MANU/SC/0928/2020 : 2020:INSC:685 : (2021) 1 SCC 171, ...

  The insurer challenges maintainability of claim for non-joinder of driver to the claim petition. Needless to say that strict procedure is ...

Learned Tribunal may be right in arriving at the finding that the driver of ill fated vehicle is a necessary party, however, was not justifi...

The issue to be examined herein is whether in the claims cases before the Motor Vehicles Accident Claims Tribunal, the driver of a vehicle w...

  Learned senior Counsel for the Respondent vehemently contended that inasmuch as in the application for rejection of plaint, the 1st Defend...

  9.0. From the impugned order passed by the High Court, it appears that what has weighed with the High Court is that plaintiffs, is the dom...

    The equity of redemption is a right which is subsidiary to the right of ownership. Such right is not over and above the right of ownersh...

  Question No.7 118.  Learned counsel for the appellant challenging the direction issued by the High Court that the husband of respondent be...

The law is well settled that all co-trustees must be joined in filing suit unless the instrument of the Trust otherwise provides. No one s...

 After hearing learned counsel for the parties and perusing the record of the case,  this Court is of the opinion that granting of success...

  The Appellant herein is the second wife of Respondent No. 1 (husband). It is the case of the Appellant that after passing of the ex part...

Thus, the law is that the claimant while filing a claim application is under no obligation to ensure that all necessary and proper partie...

 Mr. Dani, however, submitted that the petitioners, who according to him, are admittedly the owners of the suit property, are at least a ...

There are some well-settled principles of law on the question involved in this appeal, which need to be taken into consideration while dec...

  As regards the relevance of the issue of title of the landlord in an eviction suit under rent laws it is fairly well settled that the im...

A perusal of section 354 however indicates that the said provision can be pressed in service when the structure occupied by the occupier o...

In my considered opinion, having regard to the fact that the present proceedings are, though not the execution proceedings in a strict sen...