Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For succeeding in an application U.O.39.Rr.1, 2 CPC, establishment of prima facie case is sine qua non and once said issue is decided against plaintiff, order cannot be interfered merely on the ground that issue of balance of convenience and irreparable injury was not decided in great detail...........
Civil Procedure Code, 1908, Section 2(4), General Clauses Act, 1897, Section 3, 17 -- District Court - District Court with family jurisdiction would be a Principal Civil Court of original jurisdiction as per S.2(4) CPC and Ss.3, 17 of General Clauses Act...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Evidence of plaintiff was closed after giving fifth opportunity to lead evidence - Even on the date when order of closure of evidence was passed, no list of witnesses was filed by plaintiff - Sufficient opportunities were granted to plaintiff to lead evidence - Evidence of plaintiff..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Application for review cannot be treated to be an opportunity to argue the case on merits afresh...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - In the garb of review application, rehearing of appeal on merits cannot be allowed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Totality of plaint does not disclose any bar to filing of fresh suit - Provisions of O.7.R.11 CPC or O.2.R.2 CPC are not attracted either - Application rightly dismissed...........
