Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Forcible dispossession in violation of injunction order - Courts u/s 151 CPC have power to restore possession...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Dispossession in violation of order of temporary injunction - Concerned SHO directed to provide police help to plaintiff to restore possession of plaintiff as in existence on the date of grant of temporary injunction...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Plaintiff claimed that suit property had fallen in his share - However, no documentary evidence placed on record by plaintiff in order to show that property in question has fallen to his share - In absence of any cogent and reliable evidence led by plaintiff, Courts..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - Case of plaintiff is that suit property was jointly owned and possessed by parties - However, defendants claimed that suit property was mutually partitioned between parties and parties were in possession of their respective shares - Plaintiff admitted that walls had been constructed over separate portions..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction can be filed on basis of records of right but a suit can also be maintained on basis of possessory title atleast against a third person...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Maintainable when new cause of action is pleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that construction is raised by his brother who is not a party to the litigation - Contention of defendant now that if construction is not completed he will suffer hardship not tenable and cannot be taken into consideration...........
