Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police protection - Ad interim injunction granted - Police protection granted by trial Court but upset by Appellate Court on the ground that suit property is not identified by specific measurement - However, there are specific measurements and suit property is duly identified in the pleadings - Plaintiff is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from alienating the suit land in any manner during pendency of suit - Plaintiffs are bona fide allottees of plots by the gram panchayat, in lieu of government scheme, being poor persons and members of scheduled caste community - Defendants were never declared..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - In jamabandi defendant not depicted in possession of any specific land - In case defendant claims ownership or separate possession of any particular land, then appropriate remedy for him is to seek partition of joint property - Held, defendant cannot be permitted to forcibly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If defendant is permitted to alienate disputed property then it will give rise to multiplicity of suits, which is not legally permissible - Order of status quo, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Non-receipt of notice - Condonation of delay - Merely because instead of word `Secretary' word `Manager' had been written on the address which was otherwise complete - It would not be sufficient to hold that no, applicant college was not served, more particularly when the notices sent by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamalat deh - Ad interim injunction - Rejection of - Land in dispute is a shamlat deh and Gram Panchayat is described its owner in revenue record - Kind of land shows as Tibba and Choe (no, cultivable) - Revenue record in which Gram Panchayat..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from selling, transferring, alienating or creating third party rights in suit property - No concluded contract between parties - Exact area of subject matter of transaction in dispute - Plaintiff did not express readiness and willingness to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting was not a right in property..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Failure to prove prima facie case to go for trial - Injunction cannot be granted even if balance of convenience is in his favour or that he will suffer irreparable loss and injury, if no injunction is granted...........
