What is an impleadment application?

It is a well-settled principle that it is for the plaintiff in a Suit to bring the parties against whom he has any dispute and to implead them as defendants in the Suit filed for necessary relief. He cannot be compelled to face litigation with the persons against whom he has no dispute.

What does Application mean in court?

Application. The document that starts most proceedings in the Federal Court. Area agreement. A type of Indigenous land use agreement. Body corporate agreement.

What is party Impleadment?

Impleadment of parties refers to bringing a new party into an existing suit, because the person is liable to the impleading party for all or part of the claim against the party.

Can a party be Impleaded in appeal?

Any party who is aggrieved after presenting the impleading application under Order 1 Rule 10 of CPC i.e party who get impleaded in the suit and aggrieved of such impleadment or party who has made an application for impleadment but did not succeed in getting the desired party impleaded can appeal to a higher court for …

How do you Implead?

If the homeowner has a home-owner’s policy, he may implead his insurance company by filing a third-party complaint for approval by the court. If the court permits the complaint, the insurer is brought into the action. The homeowner is now both the defendant in the action and a third-party plaintiff.

Who are necessary party in a suit?

A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court. If a “necessary party” is not impleaded, the suit itself is liable to be dismissed.

What is the difference between an application and an action?

The most salient distinction is that action proceedings envisage the presentation of facts and evidence verbally in court during a trial, whereas application proceedings envisage the presentation of facts and evidence in affidavits that will be read by a judge before hearing arguments in court on the issues raised in …

What does case application mean?

An Application in a Case is used when there has already been a application to the Court, and you are requesting the Court to do something relating to your case. For example, when you are: requesting procedural orders. requesting ancillary or incidental orders such as an injunction.

What are interlocutory applications?

“Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order. Once an action has been commenced all subsequent applications are referred to as interlocutory applications.

Can a third party be Impleaded in injunction suit?

The Supreme Court has held that injunction orders with respect to a suit property cannot be passed in detriment to the interest of third parties who are directly affected by it, without impleading them or giving them an opportunity of being heard.

When a party can be added or substituted to a suit?

In Competition Commission of India v. Steel Authority of India Ltd., [ (2010) 10 SCC 744], the Supreme Court held that Rule 10(1) enables a court to substitute or add a party as plaintiff if it is satisfied that the action was commenced in name of wrong plaintiff by a bona fide mistake.

What is impleader in civil procedure?

Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant. This complaint alleges that the third party is liable for all or part of the damages that the original plaintiff may win from the original defendant.

What is impleadment application?

Impleadment Application is an application to add one more party to an existing legal proceeding. It can be sought by the existing parties or by the party who wishes to be impleaded. If the Court finds it just and expedient to include the new party for effective disposal of case before it, the Court will grant the relief

Can a court order impleadment under order 1 rule 10?

The discretion of the court under Order 1 Rule 10 (2) is limited. It is only if a party is a necessary or a proper party that they can be directed by the court to be joined in the proceeding. If a person is not found to be a necessary or proper party, the court has no jurisdiction to order impleadment against the wishes of the plaintiff. [3]

Can a third party be impleaded in civil proceedings?

Impleadment Of Parties There is many a time a casual approach to the matter of applications seeking impleadment of third parties in civil proceedings. Such impleadment applications tend to be dealt with frequently without checking the law on the subject and without determining whether the third party can be impleaded or not.

Can a defendant be implead as a defendant in a suit?

5- That the impleading of the applicant is necessary for the proper adjudication of the above noted suit. It is, therefore, prayed that the applicant may kindly be impleaded as defendant in the present suit in the arrays of the parties in the interest of justice.