Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - Cannot change the nature of joint property by raising construction detrimental to the interest of other co/owner/co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - No partition effected - Defendant wanted to oust the plaintiff by raising construction - Defendant restrained from raising construction till disposal of suit - Defendant directed not to change nature of property as rights of co-owners were still joint and indivisible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order not extended due to inadvertence of Court - Party not to suffer on account of fault of Court - If order not extended specifically, it has to be inferred that the same is in force till it is set aside or vacated - There is no deemed vacation unless the order is so vacated either by the trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Concealment of facts - Equitable relief of injunction should not be granted in favour of such litigants...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Person seeking injunction must prove prima facie case, balance of convenience and that he would suffer an irreparable injury if injunction is not granted in his favour - All these three ingredients should co-exist before a relief of temporary injunction can be allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Petitioners allowed to occupy temporary sheds as make shift shops till the construction of alternative shopping complex - Petitioners applied for allotment and undertook to abide by the conditions including vacation of the make-shift space on completion of new shopping complex - Held, petitioners..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration that decree is void - Further that alienation is not binding on him and for permanent injunction restraining such purchasers from interfering with his possession and further against alienation - Balance of convenience and irreparable loss in favour of defendant and against plaintiff - Plaintiff not..........
Civil Procedure Code, 1908, Order 11, Rule 1, 2, 14, Civil Procedure Code, 1908, Order 26, Rule 9 -- Three applications under above provisions - Eviction suit - Defence of sufficient accommodation available with plaintiff - Plaintiff not producing map of premises - Defendant justified in applying for eliciting the information from plaintiff by production of map on record..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Evidence Act, 1872, Section 118 -- Power of attorney - A power of Attorney can appear as a witness in his personal capacity though not in his capacity as a power of attorney - Plaintiff seeking to examine her husband who is also her power of Attorney on her behalf to speak to facts relevant to the case which he knows..........
Civil Procedure Code, 1908, Section 11, 2(2), Order 21, Rule 22, 23 -- Res judicata - Applies to execution proceedings - J.D. did not file objections to execution of decree in pursuance of notice U.O.21.R.22 within prescribed time - Court proceeding with attachment of property U.O.21.R.23 - J.D. thereafter is precluded from filing objections to continuance of execution..........
