Civil Procedure Code, 1908, Section 80, Order 14, Rule 1, 2 -- Suit against public servant - State not impleaded as a party - Objection as to maintainability of suit not taken by defendant in his written statement - However, in the absence of notice, suit is not maintainable against public servant - Trial Court should framed and decide the issue of maintainability of suit..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - To determine actual character of suit, it is essential to advert to pleadings in the suit, which are required to be construed in their entirety...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not available against true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from entering over suit property - Plaintiffs are claiming their actual settled possession over property - However, no positive evidence brought on record by plaintiff to establish their actual possession over suit property - Plaintiff cannot seek injunction against true..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order - Oral agreement entered into between parties - It is thus, not proper to grant injunction without due inquiry, particularly when both the parties are companies - Status quo order rightly passed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed in the year 2013 though plaintiff was aware of he dispute since the year 2005 - Application does not contain any averment as to imminent threat to plaintiff as to its dispossession from land in question and/or its alienation - Rather, only bald and vague averments have been made in this..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Will executed by deceased in favour of his wife giving life interest and after her demise her three sons should enjoy property in equal shares - Ultimate legatees are grandchildren of deceased - Out of three sons of deceased, one died and other son was made party to suit -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non-joinder of parties does not fall in term `formal defect' embodied in O.23.R.1(3) CPC - Application rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from dispossessing plaintiff from suit property - No proof of possession by plaintiff - Possession ordinarily follows title and for success plaintiff should have produced some evidence to show that he is in possession - Temporary injunction rightly declined...........
