Civil Procedure Code, 1908, Section 2(2), Partition Act, 1893, Section 2, 3, 4 -- Decree - Order made u/ss 2 to 4 of Partition Act is a deemed decree within the meaning of S.2(2) CPC...........
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, Order 14, Rule 1, 2 -- Issues - Parties not at issue on any material question of law or fact - Court may at once pronounce judgment...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Framing of issues where defendant does not present a defense is not mandated, still the importance of framing of issues cannot be underscored...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Test for finding as to omission to frame issues have caused prejudice to parties or not can be laid down on touchstone as to whether parties that go to trial had knowledge that (i) a particular question is in issue and; (ii) had opportunity to lead evidence on that issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Applicability of bar U.O.2.R.2 CPC depends upon identity of cause of action raised and also upon whether plaintiff despite having knowledge of relevant facts omitted to claim relief in earlier suit...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Omission of a relief would attract bar U.O.2.R.2 CPC only when such omission is intentional and with knowledge - If omission is on account of lack of knowledge of material facts subsequent suit would not be barred...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting temporary injunction to plaintiffs in respect of an area beyond the land allotted to plaintiff is a perverse order - Appellant Court rightly set aside order of trial Court granting temporary injunction...........
