Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to establish his possession - Relief could not be granted, unless matter is further gone into merits with regard to title and possession in main suit - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - For applicability of provision of O.21.R.29 CPC, two conditions are to be met: (i) a proceeding in execution of decree of that Court has started at the instance of DH against JD and (ii) suit at the instance of same JD is pending against holder of decree of that Court...........
Legal Services Authorities Act, 1987, Section 20, Civil Procedure Code, 1908, Order 23, Rule 1 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Lok Adalat on taking cognizance in any matter, referred to it from a Court, can act only in accordance with S.20 sub-sections 4, 5 & 6 of the Act and Lok Adalat cannot allow..........
Civil Procedure Code, 1908, Order 23, Rule 1, 4, Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Order passed by Lok Adalat in allowing withdrawal of suit is nullity and is no order in the eyes of law - By allowing withdrawal of suit by Lok Adalat, it cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plea that suit is barred by limitation - If Court finds that suit is barred by law of limitation on the averments made in the plaint, then plaint shall be rejected...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - When resistance or obstruction is offered by a transferee pendente lite, it is explicit from reading O.21.Rr.98, 99, 101, 102 CPC, that scope of adjudication ought to be confined only to question whether person who resist or who was dispossessed was a transferee during..........
