Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Application U.O.39.R.2-A CPC is maintainable only during pendency of civil suit in case interim order passed by Court or undertaking given by party is violated - Application filed after disposal of civil suit is not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in nature of suit - Suit for permanent injunction - Defendant asserting his right on the basis of Will - Amendment of plaint sought so as to challenge the Will - Challenge to Will is incidental and not otherwise barred by law - If fresh suit for same cause is permissible then there is no reason to..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree of permanent prohibitory injunction - Disobedience - Where JDs disobey decree of permanent injunction passed against them by gaining illegal possession of suit property, DH cannot be asked to file a fresh suit for possession by Executing Court - Possession can be ordered to be delivered to DHs by JD by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicitor - Appointment of survey commissioner to measure out property based on imaginary line, is not an essential prerequisite for granting relief of injunction...........
Easements Act, 1882, Section 15 -- Easement by prescription - Survey Commission based on imaginary line not essential, but absolutely unnecessary in a suit based on easement or a simple suit for injunction based on easement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit property on rent, damaged in fire - Restraining tenant from constructing/reconstructing/restoring or repairing suit property - Question as to whether even after damage, suit premises are in the same position in which they were let out to the defendant, is a fact/an issue which shall be decided..........
Transfer of Property Act, 1882, Section 52, 53 -- Fraudulent transfer - Mere filing of successive injunction suits by tenant against erstwhile owner which suits admittedly stand dismissed as withdrawn does not attract provisions of S.52 for same reasons sale of property in favour of trust cannot by any stretch of imagination be treated as a fraudulent transfer u/s.53 of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction and plaintiffs therefore are..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first and second suit will not operate as..........
