Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for rejection of plaint be decided before deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Civil Procedure Code, 1908, Section 148A -- Caveat - Ad interim injunction granted without affording an opportunity of hearing to the caveator due to negligence on the part of Court officials as caveat was not reported - Order is liable to be recalled and caveator is entitled to be restored to the position of hearing of application afresh, on the principle that an act of..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 4 -- Vacation of ad interim injunction - Court while considering application for vacation of order of temporary injunction U.O.39.R.4 CPC or any other provision, cannot ignore mandate of S.148-A CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit property was purchased by petitioner even prior to filing of suit - Plaintiff has sought relief of permanent and mandatory injunction against owner of disputed property - Suit cannot be decided without impleading petitioner who is owner of property in dispute on the date of filing of suit before..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction upon suit property - Construction carried out by defendant upon suit property is in accordance with approved plan, as per Municipal bye laws/rules etc. and at the place where defendants old structure earlier existed - There is thus, no dispute between..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction of second story over already existing structure - Possession of defendants over piece of land is not disputed by plaintiffs - Defendants had already raised construction of a single storey structure and it was this structure which was sought to be got..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from constructing and alienating suit property - Courts below have found that plaintiff failed to make out a prima facie case - Plaintiff also failed to prove balance of convenience in his favour - No irreparable loss will be caused to him, if injunction as prayed for is not..........
