Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partnership - It is for the partners themselves to thrash out their differences by mutual discussion and deliberation - Decision of majority to be binding on the minority - In such matters the court does not interfere except to give effect to the will of the majority...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Granted on basis of report of Advocate Commissioner showing possession of plaintiff - As Local Commissioner cannot be appointed for ascertaining physical possession thus reliance on such report is illegal - Order granting injunction cannot be sustained...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for permanent injunction - Neither of the parties owner of the land in dispute - Land recorded to be in the ownership of Shamlat Deh - Plaintiff in cultivating possession of the land in dispute - Plaintiff entitled to injunction prayed for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Imp-lementation of order - Police help - Once the order passed becomes final, the Court is bound to take every step to enforce the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for specific performance - Transferee in the part performance of the contract taking possession of the property - Transferee can protect his possession against the transferor...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction in favour of a licensee, whose license comes to an end cannot be granted against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In case involving public properties and public interest - Besides three ingredients viz. a strong prima facie case, balance of convenience and irreparable injury the Courts have to bear in mind as to whether the grant of injunction would be conducive or detrimental to public interest...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Public properties and public interest - Government lands - Govt. holds property as a trustee of the people - Where any attempt is made by an individual or a group of individuals to misappropriate/misuse or otherwise interfere with the enjoyment of public property by the people in general, the Courts..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Replication - A replica-tion to written statement is not to be filed nor permitted to file ordinarily, muchless in routine - Replication is permissible to be filed in three situations (i) when required by law (ii) when a counter claim is raised or set off is pleaded by defendant (iii) when the court directs or..........
Civil Procedure Code, 1908, Order 10, Rule 2 -- Provision is applicable only till issues are framed...........
