Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Withdrawal of Vakalatnama - Advocate representing defendants had claimed no instructions but not sought withdrawal of his Vakalatnama - High Court without any justification went on to consider the procedure prescribed for withdrawal of Vakalatnama when neither withdrawal of Vakalatnama was permitted by Trial Court nor..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining licensor/owner of property from terminating lease - Licensee cannot seek a pre-emptive injunction from termination of license - Only recourse available to licensee is to seek compensation for loss suffered but licensee cannot secure an order of injunction of termination of license by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Framing points for determination is mandatory - Order of maintenance to contain the point or points for determination, decision thereon and reasons for the decision...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC authorizes Court to add any party to suit at any stage of proceedings, whose presence is found necessary, in order to enable Court to effectively and completely adjudicate the issue involved...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Second petition U.O.21.R.58 CPC - First petition U.O.21.R.58 CPC was rejected - Second petition filed for same relief by same petitioner not maintainable, simply because after dismissal of first petition petitioner not challenged the order passed in said first petition - Order rejecting second petition cannot be said to be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Status quo order - Disobedience - Petitioner failed to prove by leading any convincing evidence that construction was raised by respondents after passing of order of status quo - There is thus, no violation of status quo order - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a person having agreement to sell in his favour - Proposed vendee does not get any right in law or even in equity with regard to property covered under the agreement and has only right to get another deed executed - Proposed vendee is neither necessary nor proper party to the suit - Order allowing impleadment..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint U.O.7.R.11 CPC decided lis finally and would tantamount to a decree within meaning of S.2(2) CPC...........
