Civil Procedure Code, 1908, Section 24, Order 40, Rule 1 -- Suit against receiver - Transfer application - Court permission to file transfer application is not required...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession of plaintiff - No overt acts by defendant shown relating to such interference - Mere allegations that defendant is threatening to take possession and sell same to other persons - Not sufficient - Held, trial Court has not committed any error in..........
Civil Procedure Code, 1908, Order 32, Rule 15, Civil Procedure Code, 1908, Order 7, Rule 1(d) -- Person of unsound mind - Suit by next friend - Fact of mental infirmity must be stated in plaint - When such plaint is presented, Court on its own motion must conduct inquiry and it is only upon due satisfaction of Court that party by reason of mental infirmity is incapable of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Irreparable loss - To be looked into not from the monetary point of view but from the point of view of the rights of the plaintiffs...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs using pathway from time immemorial - Injunction granted restraining the defendant not to put any hindrance and also ordered that the obstacles put in the way be removed till decision of suit - On appeal this order was confirmed - When the trial Court has passed an interlocutory injunction..........
Civil Procedure Code, 1908, Order 22, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Does not abate due to death of a party or withdrawal of suit by one of them...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Grounds for - (i) on discovery of new and important matter or evidence which after exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed, or (ii) on account of some mistake or error apparent on the face of the record, or (iii) for any other..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession - Injunction rightly refused by trial Court...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Only if there is error apparent on the face of record - Where error which is not self-evident and has to be detected by a process of reasoning, review is not permissible - An erroneous decision is not permissible to be reheard and corrected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim stay is not granted -..........
