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ALLAHABAD HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Next friend found to be not proper next friend or proper guardian - Because of that defect, decree in favour of minor is not nullity - Court can suspend proceedings till defect is removed...........

ALLAHABAD HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Attaining majority during pendency of suit - Decree passed thereafter - Defect that he was not represented by proper next friend stands cured...........

ALLAHABAD HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Injunction suit restraining defendant from interfering with plaintiff's possession - Implead-ment sought on the ground that applicant had entered into agreement for sale with defendant - Agreement took place during pendency of suit and no delivery of possession took place - Application rightly rejected..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - When a party has direct interest in the litigation, he cannot be prevented from coming on record to safeguard his interest - Application for Impleading as a party cannot be rejected on the ground that applicant has got effective alternative remedy by way of separate suit...........

RAJASTHAN HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction restraining Municipal Board from realising octroi - Normally no temporary injunction should be granted restraining realising of public revenue - Even if plaintiff establishes prima facie case, the Municipal Board should not be restrained from realising Octroi, as other ingredients for temporary..........

BOMBAY HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 3 -- In written statement defendant raising objection that certain persons who are necessary parties not impleaded - Plaintiff applying for impleading those persons Defendants raising objection as to limitation - Application dismissed - Held, plea of limitation can be raised only by party sought to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prin-ciples governing - Three principles viz (1) Prima facie case (2) Balance of con-venience (3) Irreparably injury - All the three conditions to be established - Prima facie case does not mean to examine the merits of the case closely - Plaintiff need not to establish title - Plaintiff has to show..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - The Court is ultimately guided by the principles of equity...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Is a discretionary relief - Appellate Court should not interfere with such discre-tionary power of trial court - Mere possibility of coming to a different conclusion on the same facts and evidence not a ground for interference with discretionary relief...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Prima facie case - Matter to be looked into the face of it and not to dwell into it...........

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