Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 32, Rule 4, Rajasthan Tenancy Act, 1955, Section 212 -- Suit by minor - Dispute as to ancestral property of adoptive family - Legality of registered adoption deed challenged by filing a suit - Adoption deed does not become inoperative - It cannot be thus concluded that minor cannot claim any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once it is found that there is no prima facie case established, further aspects of conduct of defendants, balance of convenience, etc. are immaterial and need not to be considered...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the existence of prima facie case..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case - Meaning - It is a case which is reasonably arguable, which raises debatable and serious issues, which enables the plaintiff to say something in his favour and which therefore, necessitates the matter to be proceeded to trial...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the extent of his 1/5th share,..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Term mesne profit is used for damages for trespass, a wrongful act relating to immovable property - However, scope of term mesne profit has since enlarged to mean claim of profit from one whose possession though may not have originated as trespass but is nevertheless wrong...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Calculation of amount - Mesne profit is not what the decree holder has lost by not being able to get possession but what the user of property, in wrongful possession, may with ordinary diligence would receive from property - Person in wrongful possession cannot be heard to say that he has not utilized the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ailment of defendant - Medical certificate in support thereof - Medical certificate alleged to be forged document - Defendant had been regularly appearing in criminal proceedings which were simultaneously going on during disputed point..........
Civil Procedure Code, 1908, Section 11, Order 1, Rule 8(6) -- Explanation VI - Representative suit - A person who is not eo-nominee a party to suit, would be bound by decree passed in suit, going by O.1.R.8(6) CPC as well as S.11 Explanation VI CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Ex parte decree - Setting aside - A person who is not eo-nominee a party to a representative suit but who would be bound by decree, can maintain an application U.O.9.R.13 CPC to set aside ex parte decree...........
