Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction u/s 151 can be granted in a case when any of the ingredients for the grant of temporary injunction is missing when granting of temporary injunction is found to be imperative in the interest of justice...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - A co-owner who is not in possession of any part of the property cannot seek an injunction against another co-owner unless any act of the person in possession of the property causes prejudice or is adverse to the interest of the co-owner who is in possession...........
Civil Procedure Code, 1908, Order 16, Rule 1, 5, 6, 7, Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - Production by witness - Witness can produce documents in his possession in support of oral evidence, though witness is not summoned to produce documents - Witness need not to file application U.O.13.R.2 CPC before producing the documents in his possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraint order in favour of plaintiff restraining defendant from (1) alienating suit property (2) from cutting and removing trees (3) from interfering in the peaceful possession of the plaintiff - Order confirmed by High Court in appeal - In the same suit an application filed by defendant seeking same relief also granted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser - Not entitled to injunction against owner or manager of the property...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Abatement - Application to set aside - Dismissal - Appeal and not revision lies - Fact of composite application U.O.22.Rr.4 & 9 alongwith application u/s 5 Limitation Act is immaterial as fact remains that abatement of suit is automatic on failure to bring on record legal..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Leave obtained to withdraw suit with permission to file fresh suit on the same cause of action and on the same subject matter - Not open to plaintiff to file second suit with totally different cause of action and different subject matter by impleading other parties...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Witnesses - Summoning - At the stage when case was fixed for final arguments defendant sought summoning of a witness not named in list - Rejection of application is justified...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Defendant closed evidence himself - There is no question of permitting a witness to be examined on the date of hearing of final arguments...........
