Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Adopted son seeking to be substituted as LR - While deciding application U.O.22.R.5, issue cannot be framed as to whether requirements of Ss.7 and 8 of Hindu Adoption and Maintenance Act, 1956 had been complied with or not - Status of applicant as an adopted son cannot be looked into and is irrelevant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - Private partition - Each of the co-owners in possession of a specific area and plaintiff raised construction of three shops and leased out land in favour of a brick kiln owner - Private partition is possible even in the absence of an order passed by authorities concerned - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plea in written statement as to raising of boundary wall only - Defendant in fact constructing a house - Different stand taken in written statement is not appreciable but that itself is not a ground to stop defendant from raising construction in his own land...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Construction is violation of statutory provisions - Defendant has no right to raise construction which is violative of statutory provisions - Defendant can raise construction only on getting a no objection certificate from concerned authorities that construction raised by him is not violative of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plantiff claiming title on the basis of sale deed executed in 1989 - Amendment sought to raise a plea of adverse possession - Prior to filing of suit possession for period less than 3 years - Plantiff cannot be permitted include the period of pendency of suit to raise plea..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Death of D.H. - Execution of decree by legal heirs - If the remedy of injunction granted by the decree is in respect of any heritable and partible right, it does not get extinguished with the death of a party thereto, but enures to the benefit of the legal heirs of the..........
Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9(ii)(c), 9(ii)(d), 9(ii)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, 11, Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Unregistered - Bar of S.69 (1) & (2) Partnership Act is not attracted for enforcement of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Bank guarantee - Injunction to be issued only in exceptional cases like fraud or irretrievable injustice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Doctrine of Lispendence - Property partitioned among legal heirs on the basis of natural succession - One of the heirs filing suit on the basis of an unregistered Will claiming entire property - Original Will not produced on record - Applicaton for interim injunction restraining other heirs from..........
Specific Relief Act, 1963, Section 38 -- Illegal/unauthorised possession - Suit for Permanent Injunction - Plaintiff claimed that being in settled possession can be dispossed only in accordance with law - Found to have encroached upon public street - Not entitled to any injunction...........
