Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement order of injunction - Provisions of S.151 can be invoked in this regard - However it being an extreme step, it should not be recommended unless the Court is fully convinced of existence of grave emergency...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Fraud in Court auction - Application to set aside sale filed beyond limitation - Court has ample jurisdiction to set aside sale though application is not filed in time...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 82, 95 -- No distinction be drawn between `an auction sale' and `a sale' in partition suit - S.151 CPC is not applicable in execution proceedings where specific provisions are made...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Courts have inherent jurisdiction to issue temporary injunction in circumstances which are not covered by the provisions of Order 39 of the Code, if the Court is of the opinion that the interest of justice require the issuance of such interim injunction...........
Civil Procedure Code, 1908, Section 151, Order 23 -- Compromise - Suit withdrawn - Compromise not acted upon - Plaintiff not as fault - On an application the suit should be restored and the Court should proceed with such suit from the stage it was withdrawn - Consequently if any injunction was granted in the suit, the same would continue to operate during the pendency of..........
Civil Procedure Code, 1908, Section 148A, 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Writ petition against order granting exparte and interim injunction - Can be entertained but only under special circumstances - In the instant case, inspite of lodging of caveat, Court granted exparte ad interim..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Injunction - Implementation - Court can grant police help to implement its order...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- In the absence of requisite conditions having been fulfilled as stipulated in the provision contained in O.9 R.13 CPC court has no jurisdiction to set aside the exparte decree and restore the suit...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte decree-Setting aside - In absence of requisite conditions stipulated in O.9R.13 fulfilled, Court cannot have jurisdiction to set aside ex parte decree by having resort to Inherent jurisdiction...........
Civil Procedure Code, 1908, Section 151, 144 -- Restitution - Suit for injunction - Interim injunction granted exparte but later vacated - Before filing appeal, defendant dispossessed plaintiff from suit premises forcibly -Appeal against order vacating interim injunction allowed and temporary injunction granted pending disposal of suit - Restitution can be ordered under..........
