Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 38, Rule 5 -- Temporary injunction - Filing of petition for attachment of same property and seeking temporary injunction prohibiting alienation of property - Intention to file two applications simultaneously is only to cause embarrassment and inconvenience - Order vacating injunction,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further developing suit property - By not pressing the application for two years plaintiff virtually permitted construction of almost the entire building - Third party rights were already created by completing substantial construction of the building - Rights created in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff simultaneously intended to prosecute two suits on same cause of action and to go to any extent to secure ex parte injunction behind the back to caveator - Trial Court committed error by permitting plaintiff to file another suit while earlier suit was pending and to grant injunction without..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction cannot be granted in favour of plaintiff against other co-sharer without partition being effected between them and without any averment that exclusive share of plaintiff was being trampled upon by other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Material concealment of fact - Plaintiff set up an untrue case by giving an impression that she was the sole owner of the entire plot whereas plaintiff has only a share in the property in dispute and is not owner in possession over the entire plot - No error in the finding of Courts below..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Dispossession in violation of order of temporary injunction - Concerned SHO directed to provide police help to plaintiff to restore possession of plaintiff as in existence on the date of grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Maintainable when new cause of action is pleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that construction is raised by his brother who is not a party to the litigation - Contention of defendant now that if construction is not completed he will suffer hardship not tenable and cannot be taken into consideration...........
