Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Suit for specific performance - Earlier suit for injunction filed - Permission sought to withdraw suit with liberty to file suit for specific performance - Court in its order allowed withdrawal of suit without granting liberty to institute suit for specific..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from obtaining electric connection for the Tubewell in the name of Respondent No.1 alone - Injunction suit filed during pendency of suit for partition - If electric connection is granted in the name of Respondent No.1 alone that would not adversely affect the rights of any..........
Limitation Act, 1963, Article 58 -- Suit for declaration, injunction, recovery of arrears of rent - Limitation - Accrual of cause of action - Plea of execution of certain document in favour of defendant taken up by him in an earlier eviction petition - Those documents were found to be forged and fabricated documents - Limitation to file suit for declaration, injunction and..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Not maintainable without seeking relief of declaration when right of plaintiff to property on which construction sought to be removed is raised and disputed by defendant...........
Specific Relief Act, 1963, Section 36, 37 -- Injunction - Decree granting injunction directing the owner of land to do or not to do a particular act or thing in suit property is binding on the subsequent assignees and such decree cannot be said to be purely personal against the original judgment debtor alone, as it is a restriction on enjoyment of property against which..........
Specific Relief Act, 1963, Section 36, 37 -- Injunction - Decree granting injunction runs with the land notwithstanding the change of ownership...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for possession, injunction & redemption of mortgage - No reason as to why document in knowledge and possession of appellant not produced in trial court - It is not duty of this court to call fresh evidence to pronounce a judgment in a particular way - Therefore, documents are not..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim Injunction - Co-sharer cannot legally be permitted to raise construction, which changes the nature of property detrimental to the interest of other co-sharer, unless the matter is finally decided by the concerned court - Parties are directed to maintain status-quo with regard to existing position of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Preservation of property is fundamentally important lest a judgment and decree in favour of plaintiff subsequently passed is rendered incapable of execution - Thus, it is proper in facts of case to restrain defendant from alienating, transferring or otherwise creating..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from interfering with possession of plaintiff - To establish possession it is not necessary that party should remain physically present at suit premises - To be in possession necessary means to be in control of the premises and to put it to use as and when desired - Since plaintiff had..........
