Civil Procedure Code, 1908, Order 39, Rule 2 -- Restoration of water course - Application filed before Sub-Divisional Canal Officer (SDCO) for restoration of water course - Rejected, holding that there was no water course and land of applicants properly irrigated by water course running at site - Appeal before Divisional Canal Officer (DCO) allowed - Demolished water..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Violation - Dismissal of suit after trial - Not a ground to hold that party who violated the interim order should not be proceeded with under O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Breach of injunction - Proper remedy is to move trial Court under O.39.R.2-A CPC - Contempt Petition under Sections 10 & 12 of Contempt of Courts Act to High Court can be entertained only in special and extraordinary circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ad interim injunction - Violation - Violation should be proved by legally acceptable evidence - A mere report of the Process Server that the petitioner refused to receive notice is not enough to hold that petitioner violated the order of injunction - Examination of process..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, 11 -- Interim order - Breach of - Defence struck out and interest of defendant in suit property attached - Order of striking out defence passed though no application made U.O.39.R.11 - Order striking out defence set aside - However order of attaching interest of defendant in suit property not disturbed...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim order - Breach of - Interest of defendant in all the suit properties attached - When Court has exercised its discretion in attaching interest of defendant in all the suit properties then defendant cannot be put behind civil prison and can also not be burdened with compensation...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Order U.O.39.R.2-A CPC - Cannot be executed through the Executing Court - It is only the Court that passed the order that can impose punishment...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Violation - Service of order of injunction - Formal service need not to be proved - It is enough if the party had knowledge about the order of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Order violated - Undue advantage taken by flouting the order of injunction - Court has inherent power to restore status quo ante or to disgorge the ill gotten advantage obtained through breach of Court order...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Parties to respect the order so long such order is in force, even if the order is subsequently vacated...........
