Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Section 47, Order 19, Rule 1 -- Execution - Affidavit - Cross examination of deponent - High Court allowed parties to adduce evidence by affidavits and documents - Necessarily it includes examination of witnesses with relation to documents which are produced - Impugned order declining cross examination of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Temporary injunction cannot be granted unless and until three ingredients, prima facie case, irreparable loss, balance of convenience are established simultaneously...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right claimed as co-sharer - Plea that name of respondents alone is wrongly recorded in the revenue records - Rights claimed by plaintiffs as co-sharers are still to be decided, which is a matter of evidence to be led by parties - Until and unless their right as co-sharers is decided, it cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - True owner cannot be saddled with temporary injunction in favour of encroacher who has no prima facie case being made out in his favour at the stage of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card shown by plaintiff also..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get the property which comes in the..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Prayer of plaintiff to withdraw the suit with liberty to file afresh cannot be split up - Court shall either refuse both the prayers or allow as a whole...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a), (b) -- Withdrawal of suit - Expression `sufficient grounds' not restricted to formal defects or those analogous thereto appearing in O.23.R.1(3)(a) CPC...........
