Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Court in exercise of its inherent jurisdiction can grant temporary injunction in circumstances which are not covered under O.39 of the Code in exceptional circumstances...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Dispossession during pendency of injunction order - Restoration of possession - A party dispossessed in violation of order of injunction or stay order or acting in violation of said order - Court can by exercise of its inherent power put back the parties in the same position as they stood prior to the issuance..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police help - Injunction order - Implementation - Court by exercise of its inherent power can give appropriate direction to police authority to render aid to the aggrieved parties for the due and proper implementation of the orders passed in the suit and also order police protection for implementation of such..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possession - Dispossession during pendency of suit - Suit for declaration - Ad interim injunction order passed restraining from transferring, alienating or encumbering the suit property - Documentary and oral evidence has to be produced to prove possession at the relevant time - Though oral..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction in exercise of inherent jurisdiction - When can be granted - Courts have inherent jurisdiction to issue temporary order of injunction in the circumstances which are not covered under the provisions of O39 - Inherent power u/s 151 must be exercised only in exceptional circumstances for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of stay order - Exercise of inherent power - Parties to suit violating order of injunction or stay order or act in violation of said order - Court in exercise of its inherent powers can put back the parties to the same position as they stood prior to issuance of injunction order - Appropriate..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of injunction order - Restoration of possession - Party to suit in utter violation of injunction order dispossess the other - Court can order restoration of possession to party wronged...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by partner restraining third party from releasing payment on account of work done by partnership firm - Third party is bound by the agreement entered with the partnership firm - Even otherwise if the partnership is still in existence then it is always open to the petitioner to file a suit for..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Consent order - Right to challenge in revision - Application for interim injunction restraining defendants from interfering in peaceful possession and enjoyment of land, demolishing construction and also from raising further construction - Dismissed by Trial Court - Undertaking by..........
