Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for mandatory injunction and recovery of damages - Suit filed by unregistered public Trust - Suit is barred in view of S.17 of Registration Act and S.29 of Rajasthan Public Trusts Act, as registration of public Trust is mandatory - Plaint rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner can be appointed in a suit for perpetual injunction - However, commissioner cannot be appointed to find out as to who amongst the parties is in possession of property as it is the function of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22 -- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction order - Injunction order passed by Appellate Court - Petition U.O.39.R.2-A CPC is maintainable in Appellate Court and not in trial/lower Court...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction order - Court which granted injunction or any Court to which suit or proceeding is transferred are competent to pass appropriate order in terms of O.39.R.2A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Reliefs U.O.39.R.1 CPC are equitable and discretionary - Such discretion can only be exercised by Court when person has come to Court with clean hands and has not suppressed material facts and makes out a prima facie case...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Discretion of Court - A person who violates the order of status quo, cannot be granted any relief by exercising discretionary power of Court...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Cannot be granted merely for the reason that documents not produced by defendant which he has undertaken to produce - Order of temporary injunction can be passed only when Court is satisfied that plaintiff has made out a prima facie case and that balance of convenience is in favour of passing order of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
