Civil Procedure Code, 1908, Section 151 -- Application u/s 151 CPC - Plaint without specific averments about cause of action, cannot be allowed to be maintained on basis of any application submitted u/s 151 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Benefit of refund of Court fee can be extended in any kind of settlement of dispute outside the Court - Plaintiff is entitled for refund of Court fee...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 1116 days in filing appeal - Respondents raised very same grounds which were raised in earlier round of litigation and delay was not condoned - Grounds put forth were insufficient to constitute `sufficient cause' u/s 5 of Limitation Act - Application dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Court must satisfy three essential prerequisites before granting an interim injunction i.e: (i) existence of a prima facie case in favour of applicant evincing a reasonable probability of success at trial; (ii) balance of convenience lies in favour of granting injunctive relief; and (iii) applicant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Condonation of delay in filing review application - Appellants were suffering from diabetes and hyper tension which is not sufficient ground for condoning delay in filing review application...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC, it is not permissible for an erroneous decision to be reheard and corrected - A review petition has a limited purpose and cannot be allowed to be an appeal in disguise...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit without seeking liberty to file fresh suit - Plaintiff abandoned his prayer with respect to declaratory relief - Plaintiff cannot maintain present suit seeking same relief without seeking permission to file fresh one at the time of withdrawal of earlier suit abandoning his claim...........
