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RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Objection as to maintainability of suit can always be raised while contesting the issue pertaining to prima facie case - Trial Court to deal with the objection while deciding application for ad interim injunction...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal by transferee pendente lite - Maintainability - Suit for specific performance - Purchasers pendente lite, who have not come on record either in suit or during first appeal, have no right to file second appeal independently, in spite of Second appeal filed by their vendor is pending -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - At the instance of subsequent purchaser - Maintainability - Suit for specific performance - All grounds in defence to suit for specific performance are open to a subsequent purchaser impleaded as defendant - Second appeal at the instance of subsequent purchaser is maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC - Trial Court in case..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Suit for possession - Maintainability - Suit filed by a religious institution for declaration of title and possession of property - Defendants are in possession thereof under void lease deeds - Not one of the relief found u/s 92 of CPC - Hence, suit for declaration that a property belongs to a..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2)-- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a partner..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - If the issue relating to maintainability of suit in question is hit by S.10 of CPC and the said issue is taken up as preliminary issue to be decided, in that case if it is found correct, Court has only to stay proceeding of second suit, but the Court cannot dismiss second suit as a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit without permission - Maintainability of subsequent suit - Suit withdrawn as defendant stopped interfering - However, there is nothing on record to suggest that defendant had given any undertaking not to interfere in the suit land on the basis of which plaintiff withdrew the suit..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Maintainability of suit - Plaint cannot be rejected only on the basis of defence theory without even looking into the entire averments of plaint...........

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