Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 23, Rule 1, Himachal Pradesh Tenancy and Land Reforms Act, 1972 -- Withdrawal of suit as plaintiff desired to proceed under the Act of 1973 - Bar U.O.23.R.1 applies only to a fresh suit and not to proceedings under the Act of 1973 - Proceedings in a suit are essentially different from the proceedings under the Act of 1973 - Withdrawal of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Question whether there has been an abandonment of claim by withdrawal of suit is a mixed question of law and fact - Language of order for withdrawal is not always determinative - Background facts necessarily have to be examined for a proper and just decision...........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95 -- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit filed by taking plea that earlier oral partition between parties was denied by the defendant - Plaint cannot be rejected in view of the denial of plaintiff's statement made in the plaint that oral partition was denied by the defendants and that prompted plaintiff to file the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Willful disobedience - Power of Civil Court U.O.39.R.2-A CPC is in the nature of contempt of Court to the extent of violation of its own orders U.O.39.Rr.1, 2 CPC - However, Court in exercise of powers U.O.39.R.2-A CPC cannot adjudicate contempt or violation of undertaking but is concerned with..........
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Special Court not having power to adjudicate dispute raised in suit filed by petitioner - Trial Court committed jurisdictional error and no purpose will be served to relegate parties in..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is..........
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Parties giving consent for conferring jurisdiction on Special Court - Consent is not sufficient to confer jurisdiction on Special Court under Act of 2003 to try civil suit...........
Civil Procedure Code, 1908, Section 80 -- Suit against Government - Issuance of notice - State Government handing over suit land to telephone exchange - However, notice u/s 80 CPC not issued to telephone exchange despite being necessary party - Notice u/s 80 CPC being sine qua non for maintaining suit and since no notice is issued to telephone exchange, present suit is not..........
