Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - Restricted inspection by a qualified technical expert involving mere physical verification and photography, would not amount to demolition, disturbance or collection of evidence in prohibited sense - Rather, it would assist Court in clarifying structural features of disputed wall...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - When dispute relates to boundaries, structures, encroachments or civil engineering questions, technical and foundational fact is often permissible through expert inspection...........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Plea of res judicata - Proceedings under Rent Act relate to continuing obligations and recurring liabilities therefore, plea of res judicata cannot mechanically bar amendments concerning later periods...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rent proceedings - Amendment sought by respondent does not change nature of petition nor does it cause any prejudice to tenant that cannot be compensated by granting opportunity to file an additional written statement - Contention that two rent petitions have been filed for same premises also does not..........
Civil Procedure Code, 1908, Section 24, Allahabad High Court Rules, 1952, Rule 5 -- Chapter VIII - Special appeal - Maintainability - Order passed on an application filed u/s 24 CPC is not a judgment so as to maintain an appeal against such an order under Chapter VIII R.5 of Rules - Such an appeal is barred by S.105 CPC - Special appeal, dismissed being not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed by plaintiff claiming natural succession whereas defendants were claiming title over suit property on basis of Will - Plaintiffs only sought formal amendment in respect of cause of action by stating that cause of action will start from death of testatrix and not from date of execution of Will,..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14, 15 -- Rejection of plaint - Defendant cannot ordinarily insist upon production of documents as a pre-condition to Court's power to consider an application U.O.7.R.11 CPC...........
