Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - Suit for injunction against State with respect to irrigation facilities - Other party will be effected by order of Court - No illegality in ordering impleadment as defendant of other party is likely to be affected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte temporary injunction - Suit for permanent injunction to restrain Airport Authority from terminating licence for exclusive advertisement right at Airport - Suppression of fact of pendency of writ petition and interim order passed therein for extension of licence - Party is not entitled to equitable relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte temporary injunction - Effect of it on public purpose must be considered - Undertaking must be obtained from party to compensate for injury or loss caused by injunction - Even when injunction is granted exparte, adherence to requisite legal norms like finding of prima facie case, balance of convenience and..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partition suit - Withdrawal of suit - In partition suit even defendants can seek separate possession of their share by paying necessary Court fee and in case of withdrawal of suit they can seek to transpose themselves as plaintiffs and continue suit - Where defendant has sought separate possession and paid necessary court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Building demolished by landlord in violation of injunction order - Landlord cannot contend that the building is no longer in existence and there is no landlord tenant relationship - If the injunction order is violated and the building is demolished certainly the defendants can be directed to restore the building to its..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 41, Rule 1 -- Order passed in the proceedings U.O.39.R.2-A is appealable - Contention that no appeal lies against an order refusing to initiate proceedings for action U.O.39.R.2-A not tenable...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as indigent person - Report of Collector that husband of applicant has substantial income and that she is living with her husband - Nothing stated about income of applicant - Held, inquiry has to be into the means of the person who applies to sue as indigent person - Permission to sue as indigent person..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Party impleaded has a right to lead evidence - Order rejecting his prayer for such an opportunity cannot be sustained...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Once a person impleaded as a party to suit - Duty of Court to afford it opportunity to produce evidence...........
Civil Procedure Code, 1908, Order 13, Rule 1, 2 -- Admissibility of document - Decision cannot be deferred to the stage of arguments - Question as to the admissibility of document has to be decided at the stage at which dispute is raised...........
