Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be granted automatically on ground of weakness in case of defendant - Plaintiff is required to establish prima facie case and balance of convenience in his favour and that he will suffer irreparable loss if injunction is refused...........
Specific Relief Act, 1963, Section 41(b) -- Injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree, particularly, when he failed to prima facie establish his ownership and possession over house in dispute...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Cause of action to file suit arose in the year 2015 and from that date suit filed by plaintiff is well within limitation - Moreover, question of limitation can be decided by trial Court after framing necessary issues and after taking..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Award of compensation directly without attaching the property is not proper - Impugned order set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Claiming title over disputed plot on the strength of patta issued by Gram Panchayat - Contention that Gram Panchayat had no jurisdiction to issue patta of disputed land, is a mixed question of fact and law and can be decided by trial Court on the basis of evidence of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Original suit is for permanent injunction - Plea for introducing suit for separate possession by way of partition by metes and bounds would be totally separate cause of action and that would change nature of suit - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to raise plea of separate possession - Such plea for separate possession by way of partition by metes and bounds is totally a separate cause of action which will change nature of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Corporation from demolition of suit structure - Plaintiff produced documentary evidence to prove authenticity of structure - However, trial Court did not properly consider documents produced on record and refused to grant injunction on the ground that plaintiff has no locus..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off plaint - Abuse of process of Court - Filing of successive suit, suppressing filing of earlier suit and grant of interim injunction - Amounts to gross abuse of process of Court - Plaint of second suit struck off...........
