Civil Procedure Code, 1908, Order 15 -- Disposal of suit at first hearing - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Defendant not enforcing the gift - Question of putting suit to trial to determine intention of parties, does not arise - Plaintiff is entitled to a decree U.O.15 CPC...........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will relied upon by defendant -..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 10, 11 -- Res judicata - Suit for injunction - Jurisdiction of Civil Court or Revenue Court - Decided in application U.O.7.R.11 CPC - Cannot be reagitated in application U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2(3) -- Omission to sue - Leave of Court - Simplictor suit for injunction filed by reserving right to subsequent suit for partition - Explanation to that effect given by plaintiff - Trial Court should consider said explanation only - However, trial Court by dismissing application traveled beyond scope of enquiry U.O.2.R.2(3) CPC..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad-interim mandatory injunction - Against defendants for unlocking suit premises - Plaintiff purchased suit property 6 months prior to institution of suit in auction conducted by Bank under SARFAESI Act - He is also in possession of suit property, constituted undisputed and uncontested status thereof -..........
Civil Procedure Code, 1908, Section 115 -- Revision - Order finally deciding temporary injunction application - Not an interlocutory order - Appeal/Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Issue involved in earlier suit for declaration and subsequent suit for permanent injunction though not found either directly or substantially in issue - But relief in subsequent suit dependent on ultimate outcome in earlier suit - S.10 of the Act thus, has no application to case - However, further..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
