Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issued for limited period - Extended till a particular date - Does not continue to operate till it is vacated...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v),, Article 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration challenging sale deed with consequential relief of possession - Application under O.7 R.11 CPC - Trial Court directed to pay ad-valorem court fee on sale consideration - Plaintiffs not party to sale - Sale deeds challenged on the ground that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing grant of anti suit injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Deemed operation of stay - Expression `in the mean time' & `till then' - Difference - Suit challenging notification u/s 4 of Land Acquisition Act - Ad-interim order restraining demolition of constructions `in the mean time' - Interim order extended from time to time - Subsequently stay order extended till next date of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Change of nature of suit land - Suit for declaration challenging sale deed executed in favour of defendant - Interim injunction regarding alienation and from raising construction and changing nature of property claimed - Alienation stayed - Defendant in exclusive possession of suit property - Claim of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Suit for recovery of compensation for land - Application under O.1 R.10 by defendant for impleading legal heirs of his attorney as co-defendants - Suit filed against defendant - Attorney himself not necessary party - Question of impleading of legal heirs of attorney foreign to controversy involved in the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Proposed parties not connected to the suit agreement - Suits also pending in respect of the same property - Applicants allowed to be impleaded as a party - Suit pending in respect of the same property clubbed together with the present suit and to avoid conflicting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In faovur of defendant - Cannot be granted as long as an order of temporary injunction is operating against him - However, in certain cases temporary injunction can also be granted in favour of defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings...........
