Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ancestral Property - Stay of alienation - Compromise/family settlement among sons, father and minor son and widow of predeceased son - Settlement duly signed by parties - Minor son of predeceased son entitled to share in ancestral property in terms of family settlement - Grandfather entered into agreement to sell..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & Proper parties - Suit for permanent injunction - Dispute as to whether plaintiff encroached upon land of the road - Road, streets and passages within village vests with Gram Panchayat being Shamlat land u/s 2(g) of the Punjab Village Common Land (Regulation) Act 1961 - Gram Panchayat necessary and proper party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & Proper parties - Suit for permanent injunction - Application for impleading party as defendant - Applicant necessary & proper party - Although plaintiff has right to choose defendant in suit for permanent injunction, yet he cannot be permitted to omit necessary & proper parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When permissible - Suit for mandatory injunction to cut and remove trees - Defendant alleging encroachment by plaintiff - No counter claim set up in written statement - Application by defendant to appoint LC for demarcating land and to report about encroachment - LC appointed by Trial Court..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from interfering in possession - Plaintiff not in possession - Suit to be dismissed only on the ground that plaintiff is not in possession - Further finding that plaintiff is not owner is not necessary...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from interfering in possession - Plaintiff is entitled to sue for mere injunction without adding a prayer for declaration of his rights...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Question of title - Suit for permanent injunction restraining defendant from interfering in possession of the land - Plaintiff not found in possession of land - Question of title also decided against plaintiff - In a suit for permanent injunction based on protection of possessory title, plaintiff entitled to..........
Specific Relief Act, 1963, Section 40 -- Amendment to include relief of damages - Suit for permanent injunction against defendants for withholding goods purchased - Goods sold - Application u/s 40(2) for amendment to include relief of damages - Relief of inunction originally claimed cannot be granted for the reason that the goods have already been sold - If plaintiff can..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16(c) -- Temporary injunction - Suit for specific performance - Failure on the part of trustees to execute sale deed within time, having received almost 85 per cent of consideration amount- Cannot be viewed as a conduct of which fault or failure is attributable to the plaintiff - Plaintiffs..........
