Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendants are registered owners of suit land and in possession of the same - Neither prima facie case found in favour of plaintiff nor balance of convenience or any irreparable injury - Interim injunction rightly refused by trial Court - Appellate Court while affirming said findings of trial Court..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for injunction - Subsequent suit for specific performance - At the time of filing suit for injunction cause of action to file suit for specific performance has not accrued - Moreover, injunction suit was withdrawn by plaintiff with liberty to file fresh one - Subsequent suit for specific..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Civil Procedure Code, 1908, Order 7, Rule 10, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Transfer of suit to DRT - Dismissal of application - Claim of petitioner is a debt within meaning of S.2(g) of the Act - Present suit was not pending rather it was filed after Tribunal was established - Therefore, application for transfer..........
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 -- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - When cause of action in second suit is not entirely same as in first suit but the basic cause of action is same, then second suit is barred by res judicata...........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - For an order to be judgment, it is not necessary that it should put an end to controversy or terminate suit - An `interlocutory order' determining rights of parties in one way or the other is also a `judgment'...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 101, 102 -- Issues - Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce evidence on those issues or reserve it by way of answer to the evidence produced by..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit filed by respondent Nos. 2 & 3 claiming the plot in question as their Bhumidhars - Judgments of both the trial Court and revisional Court have been passed without basing their conclusions on any issue - Trial Court upon finding that notice was complete and the defendant was missing should have first ordered for..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
