Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Mutation -- Rejection of application - Pendency of a suit cannot be a ground to restrain the government officials from discharging their duties, more particularly when temporary injunction application filed in the suit has been rejected - Not only this, appeal preferred against rejection of temporary injunction application has also been rejected by Appellate Authority -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trial Court while dismissing the application has given thoughtful consideration to rival contentions raised by parties as also facts of case and rightly exercised its discretion while deciding the application - Appeal against the same is dismissed - Both the orders do not suffer from any illegality..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant seeking injunction restraining plaintiff from interfering with his possession - Appellate Court referred all the documents relied upon by plaintiffs - However, there is absolutely no reasoning as to how those documents displaced sale deed executed in favour of defendant - Appellate Court..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte temporary injunction - An appeal lies thereagainst and not a petition under Article 227 of the Constitution of India...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
