Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Transfer of case - Refusal to grant temporary injunction - Order does not operate as res judicata - Appeal filed - No ground for transfer of case - Transfer petition rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Exparte injunction - Appeal against - Appellant contended that the plaintiff took forcible possession - Plea based on certain documents which were not part of record of the trial Court - Appeal dismissed - Liberty given to appellant to file appropriate objections alongwith..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Exparte interim injunction or interim injunction after notice or interim injunction after deciding the application finally, are all orders U.O.39.R.1 & 2 CPC against which an appeal lies u/s 43 rule 1 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Order 39, Rule 3A, 4, Civil Procedure Code, 1908, Order 43, Rule 1 - - Injunction - Vacation - Non disposal within 30 days - Affected party can prefer appeal - Limitation for filing appeal commences on date when it was clear that application is not disposed of...........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Exparte decree - Dismissal of application to set aside exparte decree - Remedy available is to file appeal and not revision...........
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Refusal to set aside - Same challenged in appeal - Pending appeal suit also dismissed as abated - Not necessary to challenge judgment in suit in appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Plaint - Amendment - Sought at first appellate stage - Application dismissed while deciding main appeal itself - Held, the only remedy to dispute the said order is second appeal...........
Civil Procedure Code, 1908, Section 96, 100, Order 43, Rule 1-A -- Challenge to non-appealable order - Application for amendment declined along with main case - No separate order passed - Order part of judgment and decree - Only remedy is to challenged said order in the main appeal against the judgment and the decree...........
Civil Procedure Code, 1908, Order 43, Rule 1-A -- Challenge to non-appealable orders in appeal against decree - Application for amendment of plaint before First Appellate Court - Declined - Appeal dismissed - Second Appeal - Order declining amendment challenged in second appeal - Objected to - Plaintiff has right to challenge order declining amendment in plaint in appeal...........
