Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for partition - Ad interim injunction sought restraining co-owner from raising construction over suit land - Plea of ouster and adverse possession of defendant not established - Order of trial court allowing interim stay upheld...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement order of injunction - Provisions of S.151 can be invoked in this regard - However it being an extreme step, it should not be recommended unless the Court is fully convinced of existence of grave emergency...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conditions can be imposed so that the interest of the other party may also be safeguarded...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Interim injunction - Grant of interim injunction is a matter of discretion of court - If the exercise of discretion is not arbitrary the High Court will not interfere...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Normally court grants injunction in favour of a person in possession of the property so that there is no interference in his right to enjoy the property - However, the Court shall be reluctant to grant injunction where a person is going to be deprived of his right to get possession in pursuance to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff in possession - It is a well recognised principle of law that even a trespasser is entitled to remain in possession over a property unless he is dispossessed by the owner in accordance with law...........
Civil procedure Code, 1908, Order 40, Rule 1, Civil procedure Code, 1908, Order 39, Rule 1, 2 -- Court can appoint a receiver when relief of injunction may not serve the desired end in full...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Both parties claiming possession of the land in dispute - It is in the interest of justice to order the parties to maintain status quo during the pendency of suit especially when the revenue entries are corrected during the pendency of the suit...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Contentions not based on pleadings cannot be raised at trial or in appeal...........
Civil Procedure Code, 1908, Order 8, Rule 2, 3 -- Defendant shall make specific denials of allegations in plaint not admitted by him and shall also specifically make new facts, if any, not arising out of plaint...........
