Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Seeking stay on suspension of dealership - Dealership agreement suspended due to certain irregularities allegedly found in stock of motor spirit - However, allegation regarding irregularities in stock of motor spirit was said to be subject matter of evidence - Such fact findings have been..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Civil Procedure Code, 1908, Section 10, 11, 151 -- Stay of subsequent suit - Barred by res judicata - Issue involved in the counter claim and rent application are separate and cause of action is distinct - Principle of res judicata would not operate and there would be no possibility of any conflicting decrees being passed - Applications u/ss 10, 151 CPC does not satisfy..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Cases which do not strictly fall within purview of S.10 CPC, further proceedings of the suit can be stayed in exercise of power u/s 151 CPC - It is only further proceedings of subsequent suit which can be stayed and not proceedings of former suit...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Subject matter in controversy in both the suits is not same - Relief claimed in both the suits is also different - Decision rendered in first suit will not bar second suit as per principle of res judicata - Application for stay of subsequent suit rightly rejected...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Two suits virtually going to lead to the same very conclusion and thus leading to passing of contradictory and self defeating judgment/decrees which might also render reliefs in two suits to be unimplementable - It would sub serve the ends of justice if both the suits are clubbed together and disposed..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Claim that suit property be preserved and protected during pendency of suit and restraining defendant from alienating, selling, disposing, encumbering or changing nature of suit land - Plaintiff claiming to be present in the office of Sub Registrar with..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Recourse to inherent powers uncalled for when there is specific provision such as S.10 CPC...........
