Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding on parties and operates as res..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Dispute as to identity of suit property - Appointment of Commissioner to note down its physical features is not erroneous, as it does not amount to collecting or gathering evidence, particularly when it is alleged that defendants are trying to obliterate the physical features of property..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Mere fact that suit for injunction was permitted to be withdrawn by Court may permit the plaintiffs to file a fresh suit for very same relief i.e injunction suit and it cannot be interpreted to confer a right on plaintiffs to file a suit for specific performance, which claim was omitted to be made in..........
Easement Act, 1882, Section 52, Court Fees Act, 1870, Section 7(v) -- Licence - Termination - Suit for mandatory injunction for possession - Suit is maintainable if filed within a reasonable time of termination of licence and if suit is not filed within a reasonable time and is filed with unnecessary delay then suit for possession has to be filed and court fees payable..........
Court Fees Act, 1870, Section 7(v), Easement Act, 1882, Section 59 -- Ad valorem Court fees - License - Suit for mandatory injunction by grantor's transferee - Since the suit has not been filed by licensor but by subsequent purchaser, who is not bound by terms of license in view of S.59 of Easement Act, it was a simple suit for possession and Court fees becomes payable u/s..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from parking vehicles in the street - Plaintiff having access to his house from the street in question and also from the road on the other side - Even after parking of car, space is still left on a side through which movement is possible - No other resident of locality has come forward..........
Suit for possession -- Earlier suit of plaintiff for permanent prohibitory injunction was dismissed reserving right to plaintiff to recover possession in accordance with law as defendants found to be unauthorized possession - Plaintiff thus, filed a suit for possession - Defendant did not file any counterclaim or initiate any proceedings against plaintiff - Subject matter..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
