Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- Question of joinder of parties involves joinder of causes of action as per conjoint reading of O.1.R.3, O.2.R.3 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - Where causes of action are joined, it should exist against all the defendants joined as parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Plaintiff omitted to include present suit properties in earlier suit - He has not sought leave of Court to sue for all such reliefs - Plaintiff thus, has relinquished his right in suit properties by virtue of O.2.R.2 CPC - Suit is not maintainable being barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Partition suit - Plea of previous partition - Facts of partition have to be specifically pleaded and proved - Merely contending that suit property has already been partitioned, is not sufficient...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of temporary injunction matter, a mini trial cannot be conducted - Consideration of such questions at the stage of temporary injunction, will certainly affect the merits of suit during trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Existence of prima facie right and infraction of enjoyment of right is a condition for grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - `Prima facie case' means that there is a serious disputed question to be tried in the suit and that an act, on the facts before the Court, there is probability of plaintiffs being entitled to the relief asked for...........
