Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Court below on basis of report of Mauka Commissioner and while considering other material available on record, has reached to prima facie conclusion that comparative measurements of land purchased by plaintiff and measurements of patta issued in favour of `R' from whom..........
Civil Procedure Code, 1908, Section 151, 115, 2(2), 96(1) -- Suit dismissed as infructuous on an application u/s 151 CPC - Order amounts to decree - Appeal lies against such an order - Revision is not maintainable...........
Civil Procedure Code, 1908, Section 151 -- Subsequent suit making the pending suit infructuous - If by subsequent event original proceedings has become infructuous Court can dispose of infructuous litigation - When such an application is made, Court to inquire into the alleged facts and circumstances to find out whether the pending litigation has in fact become infructuous..........
Civil Procedure Code, 1908, Section 151 -- Suit becoming infructuous due to subsequent event - Suit cannot be continued merely for the reason that interlocutory injunction enjoyed by plaintiff will get vacated and consequently the plaintiff will be prejudiced - Held, interlocutory orders are made in aid of final orders and not vice versa - No interlocutory order will..........
Civil Procedure Code, 1908, Section 151 -- Subsequent event - Suit becoming infructuous - Continuance of infructuous suit will cause prejudice to the defendant...........
Civil Procedure Code, 1908, Section 151 -- Subsequent suit - Suit becoming infructuous - If a party has a legal right to ask for dismissal of an infructuous suit, and pursuant to the said right it makes an application for dismissal of said suit, the same cannot be termed as an act in malice...........
Civil Procedure Code, 1908, Section 151 -- Subsequent event making the pending suit infructuous - If by subsequent event original proceedings has become infructuous Court can dispose of infructuous litigation - When such an application is made, Court to inquire into the alleged facts and circumstances to find out whether the pending litigation has in fact become..........
Civil Procedure Code, 1908, Section 151 -- Suit becoming infructuous due to subsequent event - Suit cannot be continued merely for the reason that interlocutory injunction enjoyed by plaintiff will get vacated and consequently the plaintiff will be prejudiced - Held, interlocutory orders are made in aid of final orders and not vice versa - No interlocutory order will..........
Civil Procedure Code, 1908, Section 151 -- Subsequent event - Suit becoming infructuous - Continuance of infructuous suit will cause prejudice to the defendant...........
Civil Procedure Code, 1908, Section 151 -- Subsequent event - Suit becoming infructuous - If a party has a legal right to ask for dismissal of an infructuous suit, and pursuant to the said right it makes an application for dismissal of said suit, the same cannot be termed as an act in malice...........