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Showing posts with label
necessary party
.
Show all posts
Showing posts with label
necessary party
.
Show all posts
Saturday, 18 April 2026
What is the difference between a necessary party and a proper party?
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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...
Sunday, 16 November 2025
Not a Necessary Party but a Proper Party: Recent Supreme Court Clarification on Subsequent Purchasers in Specific Performance Suits
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In the realm of property disputes, specific performance suits are common remedies for buyers seeking enforcement when a seller breaches a s...
Sunday, 29 June 2025
Who are necessary parties for suit relating to mortgages?
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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...
Thursday, 15 August 2024
What is the standard of proof for deciding motor accident claim petition?
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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, ...
Under which circumstances driver of offending vehicle is not necessary party to motor accident claim petition?
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The insurer challenges maintainability of claim for non-joinder of driver to the claim petition. Needless to say that strict procedure is ...
Tuesday, 11 June 2024
Whether motor accident claim tribunal can dismiss claim petition on the ground that driver of offending vehicle is not added as party to the petition?
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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...
Thursday, 25 April 2024
Under which circumstances driver of the vehicle is not necessary party to motor accident claim petition?
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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...
Wednesday, 22 March 2023
Whether the party against whom no relief is claimed is necessary party to the application?
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Learned senior Counsel for the Respondent vehemently contended that inasmuch as in the application for rejection of plaint, the 1st Defend...
Wednesday, 26 October 2022
Can the court permit the plaintiff to add any party to suit even if that party is neither necessary nor proper?
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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...
Thursday, 19 August 2021
Whether purchaser of mortgaged property can claim the right of redemption even after passing the decree of foreclosure?
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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...
Sunday, 18 October 2020
Whether the husband is a necessary party to suit filed by father-in-law against daughter-in-law for her eviction from his house?
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Question No.7 118. Learned counsel for the appellant challenging the direction issued by the High Court that the husband of respondent be...
Wednesday, 18 March 2020
Whether suit filed by the trust is maintainable if co-trustees are not joined as a party to suit?
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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...
Thursday, 31 October 2019
Whether bank and firm holding debts and securities are necessary party in application for grant of succession certificate?
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After hearing learned counsel for the parties and perusing the record of the case, this Court is of the opinion that granting of success...
Wednesday, 30 October 2019
Supreme Court: It is mandatory to hear second wife in appeal filed by first wife if husband has performed second marriage after divorce decree
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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...
Sunday, 18 August 2019
Whether award passed by motor accident tribunal will be vitiated if driver is not made party to proceeding?
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Thus, the law is that the claimant while filing a claim application is under no obligation to ensure that all necessary and proper partie...
Saturday, 13 July 2019
Whether owner of tenanted property is necessary party to eviction suit against tenant?
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Mr. Dani, however, submitted that the petitioners, who according to him, are admittedly the owners of the suit property, are at least a ...
Thursday, 4 July 2019
Whether third person claiming title can get his rights adjudicated in eviction proceedings?
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There are some well-settled principles of law on the question involved in this appeal, which need to be taken into consideration while dec...
Whether other co-owner of tenanted premises is necessary party in eviction suit filed by one co-owner?
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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...
Sunday, 26 May 2019
Whether occupier of dilapidated building are necessary party to suit challenging notice issued by Municipal corporation for demolition?
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A perusal of section 354 however indicates that the said provision can be pressed in service when the structure occupied by the occupier o...
Sunday, 15 July 2018
Whether abatement of final decree proceeding is set aside if court has permitted prayer for bringing legal heirs on record?
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In my considered opinion, having regard to the fact that the present proceedings are, though not the execution proceedings in a strict sen...
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