Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Existence of prima facie right and infraction of enjoyment of right is a condition for grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - `Prima facie case' means that there is a serious disputed question to be tried in the suit and that an act, on the facts before the Court, there is probability of plaintiffs being entitled to the relief asked for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - S.100 CPC confers a limited jurisdiction on the High Court to deal only with any legal error apparent on the face of record...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Suit for Partition - (i) In cases when exclusion of Civil Court's jurisdiction is expressly provided for, consideration as to scheme of statute in question and adequacy or sufficiency of remedy provided for by it may be relevant but cannot be decisive; (ii) Where exclusion is pleaded as a matter of necessary..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of decree - Suit for Partition - Character, Nature, Scope, Type and Procedure of preliminary decree and final decree - Analysed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court should decline amendment if a fresh suit on the amendment claims is barred by limitation on the date of application...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
