Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Cannot be passed against a person who is not party to the proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both plaintiff and defendant assert possession over suit property - Complex factual and legal issues arise in the case, which can only be thoroughly examined and resolved through a detailed trial - Plaintiff would suffer irreparable harm if injunction is not granted - If property was to be alienated,..........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiffs were in possession of suit property on the basis of agreement to sell - They are not the owners of suit property - Whether plaintiffs are entitled to protect their possession or not can be considered only if persons who had entered into agreement to sell..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Decree of permanent prohibitory injunction - Satisfaction recorded in one execution petition would not result in dismissal of a further execution petition filed on the ground of subsequent interference caused - Decree of permanent injunction operates perpetually against judgment debtors, their assignees..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Suit land was sold to defendant and same was converted into residential land - Patta was issued to various persons - Plaintiff had not sought relief of declaration as a Khatedar rights - Without getting declared khatedar rights, plaintiff had no right to file suit - Suit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Numerous opportunities given to plaintiff by trial Court to lead evidence but plaintiff failed to appear himself before trial Court - Trial Court rightly closed evidence of plaintiff and rightly came to conclusion that his evidence could not be read - Trial Court and first appellate..........
