Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance and cancellation of sale deed - Daughter and son of defendant no.1 sought their impleadment in the suit - Sale deed and agreement to sell was executed by defendant no.1 and he is still alive - Trial Court committed error by impleading applicants - Order allowing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance, permanent injunction and cancellation of sale deed - Sale deed as well as agreement to sell was executed by defendant No.1 who is still alive - Impleadment of son and daughter of defendant No.1 as party defendants by trial Court is erroneous - Order allowing application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction over portion of property purchased by plaintiff - Specific share has been purchased by plaintiff as is reflected from sale-deeds executed in her favour - Therefore, if other party is encroaching upon her share, she can seek injunction in that regard..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - No right to relief sought against petitioner in the suit - Even, petitioner has failed to show that effective decree cannot be passed in her absence - If the petitioner is impleaded in the suit, scope of suit for permanent injunction will be enlarged to a suit for title..........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of a witness not named in the list of witnesses - Suit for specific performance - Witness sought for the purpose of certifying the documents relating to proceedings for dishonour of cheque initiated by said witness against defendant - However, documents in this respect already been exhibited and plaintiff has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Several parties - There is no provision to control order in which they shall be examined - However, it is a practice to first examine those who sail together and then those who oppose...........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Several defendants - Common defence - If one defendant gives evidence not only for himself but also for others that does not debar other defendant to give evidence since all the defendants have right to give evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If Court is satisfied on all three parameters i.e. prima facie case, irreparable loss and balance of convenience, then it may grant interim relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Plaintiff, having agreement to sell in her favour does deserve the protection of her rights qua the property in question - If no interim order is passed in her favour and the property is further transferred or alienated, no adequate relief would be granted to her if the suit is ultimately decreed in her favour..........
