Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within requisite period - Defence struck off - Case adjourned for summoning of remaining defendants - Petitioners accorded one opportunity to file written statement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Person holding earlier agreement - Court deciding a claim for specific performance cannot adjudicate on the enforcement of an earlier agreement - Not a necessary party - Dismissal of application call for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Irreparable loss - Determination of - Held, a person, who remained in possession of the house in dispute for a period of more than 20 years and the settlement between the parties was reduced into writing and subsequently, after passing of such a long period, the suit is filed, then..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief which amount to pre trial decrees must be avoided wherever possible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines - (1) The plaintiff has a strong case for trial which is of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money; (3)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Declined by trial Court - Granted by Appellate Court substituting its own views - Order of Appellate Court set aside - View taken by trial Court does not indicate that the view taken is not a possible view - Appellate Court should not have substituted its own views in the matter merely on..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Proof - Defendant has established before Court that infact he paid a sum of Rs.25 lacs just 2 years prior to present litigation not only to mother, but also to plaintiff - He has also established that plaintiff who owned sizeable immovable property disposed of the same - Held, plaintiff failed to establish..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Prima facie case, balance of convenience and irreparable loss in favour of plaintiffs - Held, status quo in respect of possession of property in dispute shall be maintained by parties - Neither of the parties shall create any third party right nor alienate the same till disposal of suit...........
