Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendant sought to be restrained from alienating or otherwise creating third party interest over suit property - Original agreement to sell not produced - Relief prayed for solely on ground of photocopy of alleged agreement - No explanation for not filing the original..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Non impleadment of L.R's - Suit for declaration, injunction for removal of obstruction in enjoyment of right of way and use of door - Death of one of six plaintiffs - L.R's not impleaded - Abatement of suit qua deceased plaintiff does not abate suit qua other plaintiffs - Right to sue survives and other plaintiffs have every..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree in suit for permanent injunction - Nature of - Suit for injunction - Settlement arrived at by & between parties - Reduced in writing - Decree passed on the basis of terms of settlement - Consent decree for all intent & purpose, a preliminary decree passed in a suit for partition - Fresh proceedings/suit cannot..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining subsequent purchasers from alienating and raising any construction - Agreement to sell for a consideration of Rs.4.50 lacs whereas subsequent sale deed executed for a consideration of Rs.17.60 lacs - Amount of advance of Rs.1 lacs paid in instalments but no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - For grant of ad interim injunction Court has to consider three aspects viz. (i) prima facie case, (ii) balance of convenience and (iii) irreparable loss...........
Court Fees Act, 1870, Section 7(v) -- Mandatory injunction - Suit for possession by way of mandatory injunction after revocation of licence - Court fee - Ad valorem Court fee is not payable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Can seek injunction if the act of co-owner amounts to ouster or is adverse to interest of co-owner who is out of possession...........
