Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective alienees the fact of pendency of..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide whether defendant..........
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116 -- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Dismissal of suit as withdrawn - Notice to parties before dismissal of the suit was necessary...........
Civil Procedure Code, 1908, Order 21, Rule 37, Motor Vehicles Act, 1988, Section 168 -- Motor Accident - Award of compensation by Tribunal - In execution of award, Court ordered arrest of the petitioner - Order challenged on the ground that no show cause notice was given before passing order of arrest - Plea of petitioner disallowed - Held, show cause notice not required..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 20, Rule 9 -- Newly constructed building - Rent Act not applicable - Civil suit for eviction - Notice to quit u/s 106 TPA not required - Filing of an eviction suit under general law itself is a notice to quit of a tenant...........
Civil Procedure Code, 1908, Section 80 -- Notice to State - State proper party - Maintainability of suit - Plaintiffs have not claimed any relief whatsoever against State - State was only a proforma defendant in suit - Plaintiffs had only prayed that defendant No.3 is the owner of suit land but defendants 1 & 2 are raising construction thereon - No relief was claimed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought after commencement of trial on the ground that facts sought to be pleaded were already brought to the notice of counsel who inadvertently could not plead - Held, litigant cannot be allowed to suffer because of bonafide error of counsel - Litigant entitled to urge that error committed by..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to record reasons before ordering attachment before judgment even when defendant fails to comply with order/notice issued by the court to furnish security within time stipulated - Recording of reasons by Court is mandatory...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale - Determination of market value - A serious lapse on the part of the Executing Court in determination of market value cannot be condoned - Fixing value of property without issuing notice to the parties and by summoning the person whom it thinks necessary in this regard, cannot be treated as proper - Fixation..........