Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Every judgment as soon as it is delivered becomes operative pronouncement of Court...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Party can only succeed according to what he has alleged and proved...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief cannot be granted when it amounts to granting final relief itself or when parties seeking such reliefs lack legal possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order is binding upon the parties to the litigation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Entire allegation has been made only against defendants - There is no basis or ground made out for impleadment of defendant Nos.3 and 4 from a careful reading of plaint - Merely because defendant nos. 1 & 2 have purchased property from defendant Nos.3 and 4, it..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of ownership - Petitioner sought his impleadment on the ground that defendant no.1 has executed agreement to sell in his favour - He is not in possession of property - Plaintiffs are not seeking any right against petitioner - Petitioner is neither necessary nor proper party in the..........
