Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - When defendant committed breach of temporary injunction order, plaintiff is entitled to seek police protection invoking the provisions of S.151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Defendants inspite of service of notice, have not chosen to file counter and they were proceeded ex parte - They have not even chosen to file any application before Court below for seeking to set aside order granting police aid to plaintiffs or requested Court below to give..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA Test - Partition suit - Status of plaintiff as a member of family is denied by defendants - Plaintiff himself has taken risk of seeking DNA profiling to prove his claim that he is member of family - However, both the persons whom plaintiff is claiming to be his parents are not alive - Person who according..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defendant sought rejection of plaint on the ground that alleged sale deed has not been challenged by plaintiff in the suit - However, plea of plaintiff that he got knowledge of existence of sale deed at a later date is an essential fact which could not be decided at the stage of deciding..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Anti suit injunction - Restraining wife from proceeding with divorce petition filed by her in USA - Both the parties are presently residing in USA - Rights and liabilities of parties including custody of minor child can be effectively also determined in proceedings initiated by wife in USA - Proceeding..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of third party - Partition suit - A party on the basis of agreement to sell in his favour cannot seek his impleadment as a party in a suit for partition as he is neither a necessary party nor proper party to be impleaded - No right is created under agreement for sale except right to seek specific..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of Commissioner - Application for appointment of commission is filed by plaintiffs on the first date of hearing before High Court - Application can be moved by any party to the suit at any stage and any time during the pendency of suit - If application for appointment of commission is allowed,..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Allotment of plot - Petitioner is residing nearby areas which is sought to be allotted to plaintiff - There is road between the house of petitioner and the plot in question - Therefore, there is no question of any obstruction of ventilation and light in the house of petitioner - Moreover,..........
Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Late production of documents - Documents in question are public documents and reliability and sanctity of the same cannot be doubted - Trial is still at evidence stage of defendant - Documents cannot be rejected merely on the ground of delay, as defendant validly disclosed the reason for not..........
