Civil Procedure Code, 1908, Section 104, Order 39, Rule 1, 2 -- Order U.O.39.Rr.1, 2 CPC - Appeal - If an order is passed by any Court U.O.39.Rr.1, 2 CPC by trial Court or by appellate Court, as the case may be, appeal lies u/s 104(1) CPC but thereafter, no further appeal would lie, as legislative bar contained in S.104(2) CPC would apply in full force...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Section 151 -- Temporary injunction - Non filing of reply by defendant - Right to file reply closed on 19.12.2017 - Defendant seeking to file reply to temporary injunction application on 31.01.2019 - O.8.R.1 CPC gives 30 days time to defendant to file..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her father and mother - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14, Civil Procedure Code, 1908, Order zzz39, Rule 1, 2 -- Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction as proceedings for temporary injunction are part of the main proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - It is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Dispute as to who shall be Chief Mutawalli - Single Bench after taking into account prima facie view, came to conclusion that Chief Mutawalli would remain in family of plaintiff and his family members for all time to come - No infirmity found in order of Single Judge - Division Bench fell into error..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of an issues - Defendant did not file written statement and set ex parte - Question of framing of issues does not arise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Status quo order - Order of status quo not be passed without clarifying which party is in possession of the property...........
