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HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction is an equitable relief - He who seeks injunction must come to Court with clean hands - Person approaching Court with unclean hands - Held, this by itself is sufficient ground for not granting relief of injunction...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Joint owners - Petitioner raised construction on a part of the suit land - Held, petitioner has waived her right to assail and question the construction being raised by the respondents...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking off defence - Written statement filed on the date when application for striking off defence was moved - No ground to strike off defence, as defendant was granted time to file written statement till that date and same has been filed on that very date - Application for..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Claiming right to enjoy the tenanted premises by providing reasonable access to tenants - Plea of inconvenience and breach of privacy by landlord - Plea rejected, as in case of conflict between inconvenience and right, latter would prevail - Right comes first, inconvenience later - Right is..........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where a party is having locus standi and is also interested in lis and his presence as a party in the suit is necessary for effective adjudication of suit, Court can order to implead such person even against the wish of plaintiff who is dominant litigant...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for permanent injunction - Matter relating to public property - Permission of Court U.O.1.R.8 CPC necessary before starting of hearing of case not taken by plaintiff - Even trial Court permitted parties to adduce evidences and passed judgment by dismissing suit without completion of formalities of O.1.R.8..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person who is having interest or semblance of interest in subject matter of suit is entitled to file application U.O.1.R.10 CPC...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Object of O.1.R.10 CPC is to avoid multiplicity of proceedings - However, it does not mean that party to proceedings is permitted to file frivolous applications U.O.1.R.10 CPC...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........

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