Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Suit property was purchased by plaintiff from `M' and others - `M' and others not being necessary and proper party, were not required to be impleaded as party in the suit - Suit was filed for permanent injunction simpliciter and no ownership or possession was claimed..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - In order to attract provision of O.39.R.2-A CPC, there has to be not mere disobedience but it should be a willful disobedience and act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of disobedience merely on basis of a..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Power U.O.39.R.2-A CPC cannot be exercised on a mere apprehension or as a matter of course in absence of clear proof that order which was to be obeyed was clear, unambiguous and within full knowledge of person who is alleged to have disobeyed the same...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Burden of proof - Burden lies heavily on the person who alleges disobedience to prove offence beyond reasonable doubt...........
Agreement to sell -- Suit for possession by way of specific performance - Initially, filing of suit for permanent injunction by plaintiff and then present suit for specific performance after withdrawal of the same does not debar them from decretal of their suit for possession by way of specific performance as cause of action in both the suits filed by plaintiffs was..........
Agreement to sell -- Suit for possession by way of specific performance - There is no hard and fast rule that every suit for permanent injunctions should be converted into a suit for possession by way of specific performance - Person has both remedies either to convert his suit for injunction into suit for possession by way of specific performance or to file a fresh suit...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
