Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simpliciter - No ownership or possession is claimed - Applicant who sought his impleadment on the basis of ownership of land regarding which permanent injunction was sought by plaintiff, is neither necessary party nor a proper party - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Plea of purchase of property from defendant Nos.4 & 5 - However, in the accompanying affidavit particulars not given as to from whom proposed respondents purchased the suit schedule property and under which document - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Once an application for withdrawal is filed seeking liberty to file a fresh suit, on grant of permission of withdrawal, the liberty has to be presumed in law, whether specifically granted or not - This is because such an application has either to be allowed fully or rejected...........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgment by Executing Court - Defendant No.2 died during pendency of suit and his L.R's were impleaded - While passing the decree this fact was missed - Plea that rectification in the array of parties could not have been ordered by Executing Court and in fact such a rectification could only have been made by the..........
Civil Procedure Code, 1908, Section 10, Maharashtra Co-operative Societies Act, 1960, Section 101, 91 -- Stay of subsequent suit - Petitioners seeking stay of proceedings u/s.101 of the Act till adjudication of dispute u/s.91 of the Act - Co-operative Court adjudicating dispute u/s.91 of the Act and Registrar of Co-operative Societies considering issuance of recovery..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction - Discretion at this stage has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where even if plaintiff admitted existence of title in favour of defendant No.9/applicant, that cannot per se disentitle him to an opportunity to prove his case at trial - There is no unequivocal or categorical admission in favour of defendant No.9 - As regarding relief of declaration sought, same are..........
