Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration and permanent injunction - Agricultural land - Claimant seeking a declaration of khatedari right is barred from filing a civil suit prior to their khatedari right being declared by a revenue Court when relief sought from civil Court includes determination of khatedari right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs who are sons and daughter of defendant have filed civil suit during life time of their father - Mutation entries are not in the name of plaintiffs - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs are not a recorded tenant and now during pendency of civil suit they have filed revenue suit to declare their khatedari right - Right of plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court can grant temporary injunction even without issuing notice to respondents...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - When there is urgency in the matter the attitude of Courts in posting the matter to a longer date, defeat the purpose of O.39.R.1 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - Where Court is not inclined to grant temporary injunction or decides to issue urgent notice, Court should issue urgent notice and post the matter to a shortest date...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Court fee - Suit for declaration, joint possession and permanent injunction - Plaintiffs on the one hand have claimed that they are in possession of suit properties and have sought injunction also - However, on the other hand they have prayed that if they are not found to be in possession, a decree of joint possession be..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling or transferring shares of plaintiff to third party - Plaintiffs failed to place material on record which reveals existence of prima facie case in their favour - Dispute is with respect to equity shares in the holding which have a market value - In case plaintiffs..........
