Civil Procedure Code, 1908, Section 92, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with affairs of plaintiff trust - Defendants continue to act as trustees of plaintiff trust, as their removal by plaintiffs is bad in law - Trust being charitable, defendants can be removed only by invoking S.92 CPC - Injunction order restraining..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Right of management of temple and its property as `Mahant/Pujari" or `Manager' - Necessary pleadings in this respect analysed - Pleadings should be as to on what basis, he was claiming post of "Mahant/Pujari" or "Manager" - was it through his forefathers or through any other channel and who, according to him,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action not defined in CPC - It means right to sue and consists of material facts which are imperative for plaintiff to allege and prove in order to succeed in suit...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected application by adopting hyper..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fee - Recovery suit - Deficiency to the tune of Rs.40 was pointed out for which an opportunity was required to be given to plaintiff for making good the same, before rejecting plaint - Moreover, impugned order passed in the absence of plaintiff for which he pleaded that his no,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Limitation - It is for executing Court to decide whether restitution petition is within limitation or not - It is only the Court which passed the original decree, which can order restitution - Restitution cannot be granted by Supreme Court...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 90 days - Defence struck off - Non-speaking and cryptic order passed by trial Court while striking off defence of defendant, as trial Court did not even record as to how much time was utilized by defendant beyond 90 days and why he could not file written statement without any justified..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Court instead of closing right to file written statement should grant some time to defendant subject to payment of reasonable costs to compensate the inconvenience caused to plaintiff - Order by High Court allowing defendant to file written statement within the extended time by..........
