Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for recovery of possession, damages and perpetual injunction - Objection raised by defendant that suit is not maintainable without seeking declaratory relief - Amendment to plaint to include prayer for declaration of title becomes necessary for proper adjudication of..........
Civil Procedure Code, 1908, Section 115 -- Revision - Interlocutory order - Revision is not maintainable against an interlocutory order passed in an interim injunction application, as no final order has been passed in said application...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order declining ad interim injunction - Appeal - If Court just gave notice of application U.O.39.Rr.1, 2 CPC to other party without expressing any opinion declining the ad interim injunction then appeal is not maintainable...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff filed suit for declaration of 1/6th share and for permanent injunction - It cannot be said at this stage, that suit is not maintainable in view of S.34 of Specific Relief Act - Application U.O.7.R.11 CPC dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Maintainable when new cause of action is pleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Seeking relief restraining defendant from transferring, alienating, mortgaging, creating gift or any right in changing nature of suit land - These are not distinct prayers as all such prayers are related to each other and filing single application for all said reliefs is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration u/s 53-A of T.P Act and permanent injunction - Whether plaintiffs shall be entitled to any relief u/s 53-A of TPA or not has to be considered at the time of trial - But at this stage it cannot be said that suit for relief sought u/s 53-A of T.P. Act would not be maintainable at all..........
