Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Dismissal of suit for default - Order was not challenged by petitioner before any forum - Same became final - Order of dismissal of suit is thus an order U.O.9.R.8 CPC - Filing of second suit on same subject matter - Held, O.9.R.9 clearly bars filing of second suit with regard to the same subject matter - Second suit not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Pendency of suit - Counsel for parties have agreed amicably that trial court may be directed to decide the suit for permanent injunction within a time frame - Trial Court to decide suit on or before 31.5.2012 - Parties to maintain status quo...........
Civil Procedure Code, 1908, Order 7, Rule 11, Northern India Canal and Drainage Act, 1873, Section 30A -- Rejection of plaint - Order shifting land - Jurisdiction of civil Court - Held, in case trial Court arrives at a conclusion that mandatory provisions of statute have not been complied with, then suit of plaintiff would be maintainable - It will be premature at this..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Plaintiff seeking protection of his possession and restraining creation of third party rights - Part of land already acquired - Plaintiff not able to justify as to how a suit for specific performance in respect of land which has already been acquired could be filed -..........
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9 -- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Land Revenue Act, 1956, Section 207, 88, 188 -- Schedule III, Item No.5 and Item No.23C - Rejection of plaint - Agricultural land - Suit for declaration and permanent injunction - Jurisdiction of civil court to entertain such suit - Held, suit clearly barred by S.207 of Rajasthan Tenancy Act which bars such suit from..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of suit - Validity - Held, if a case comes within the purview of O.7.R.11 CPC only the plaint is liable to be rejected and suit itself cannot be dismissed on that account...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Minority and Guardianship Act, 1956, Section 8 -- Temporary injunction - Grant of - Alienation of property of minors - Petitioner instituted petition u/s 8 of the Act to seek permission to sell property of minors without impleading father of minors as party, although he was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant/petitioner was served and had the knowledge of the suit proceeding - Held, in such circumstances, ex parte decree can not be set aside...........
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 104 -- H.P.Tenancy and Land Reforms Rules, 1975, Part V Suit for declaration of ownership and challenge to entries of tenancy in jamabandi - Jurisdiction of civil court - Defendant claiming it to be a dispute of tenancy and ouster of jurisdiction of civil court - Plaintiff claiming that..........
