Party

Party-wall

Party-wall, a term which has been used indifferent senses, may mean (1) a wall of which the two adjoining owners are tenants in common: (2) a wall divided longitudinally into two strips, one belonging to each of the neighbouring owners: (3) a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements: (4) a wall divided longitudinally into two moieties, each moiety being subject to a cross easement in favour of the owner of the other moiety, Watson v. Gray, (1880) 14 Ch D 192.The common use of a wall separating adjoining lands of different owners is prima facie evidence that the wall and the land on which it stands belongs to the owners of those adjoining lands, in equal moieties, as tenants in common, or would so belong if tenancy in undivided shares in a legal estate had not been done away with by the land legislation of 1925. Now under s. 38, and 1st Sch., Part 5, ...

Party, a guardian instituting suit on behalf of a minor is not a 'party' within the meaning of section 195(1)(c) of Criminal Procedure Code against whom a complaint can be directed to be issued by an order under section 476 of Cr. P.C., 1898, for using a false document in support of the suit claims, though it would, however, be open to the court to proceed against him under section 193 of Indian Penal Code; Rayalla Ramappa (in re:), AIR 1944 Mad 528; Magna Leasing Ltd. v. NEPC MICON Ltd., AIR 1998 Cal 94.The expression 'party' occurring in s. 439(5), Criminal Procedure Code., includes not only private parties, but also the State if it happens to be the party as in police cases. State v K. Lachman Murty, AIR 1958 Ori 204....

representative party

representative party a party who sues on behalf of the class in a class action. The claims or defenses of the representative party must be typical of the class, and the representative party must protect the interests of the class. See class action. Source: Federal Judicial Center ...

third-party complaint

third-party complaint : a complaint filed against a third party by a defendant or plaintiff alleging that the third party is liable for all or part of a claim or counterclaim in dispute between the original parties ...

third-party defendant

third-party defendant : a third party who is the object of a third-party complaint ...

third-party plaintiff

third-party plaintiff : a defendant who files a third-party complaint against a third party ...

Any aggrieved party

Any aggrieved party, the expression employed in s. 20(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proceedings, who has succeeded in securing the relief prayed for, is not a party aggrieved though the order contains a finding or two adverse to him, Nalakath Sainuddin v. Koorikadan Sulaiman, (2002) 6 SCC 1 (12): AIR 2002 SC 2562....

Ex parte

Ex parte [Latin from the Part], on or from one party only, usu. without notice to or argument from the adverse party, Black's Law Dictionary, 7th Edn....

Necessary party

Necessary party, a necessary party is one without whom no order can be made effectively; a proper party is one in whose absence of effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding, Udit Narain Singh Malpaharia v. Additional member Board of Revenue, 1963 Supp (1) 676: AIR 1963 SC 786 (790). [Constitution of India Art. 22]...

Notice to third party

Notice to third party, i.e., to a person not being a party to the writ of summons in an action. See also THIRD PARTY....

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