Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for injunction - Prayer clause in suit has direct impact on rights of petitioner - Petitioner if not a necessary party is a proper party to the suit in whose absence the suit cannot be effectively adjudicated - Petitioner allowed to be impleaded as a party...........
Civil Procedure Code, 1908, Order 9, Rule 3, 4 -- Suit for permanent injunction - Neither party present - Dismissal for default - Restoration - Requirement of issuance of notice - Held, where a suit has been dismissed because neither party has appeared when case was called for hearing, the order may be set aside without notice - In present case dismissal was in absence of..........
Trespasser -- Failure to prove peaceful settled possession - Not entitled to injunction...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No substantial document to prove title..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - - Suit for declaration of title - Though construction was being made on plaintiffs' paternal property, she has come to court only when the discussion regarding share failed - So, plaintiffs instituted suit at belated stage, when the promoter was about to complete internal works and to hand over..........
Specific Relief Act, 1963, Section 34 - - Suit for declaration of possession and permanent injunction - Applicability of proviso to S.34 - Plaintiffs prayed in the suit for confirmation of their possession and permanent injunction against defendants, particularly, against defendant in appeal from disturbing their possession - Held, there was no question of praying for..........
Limitation Act, 1963, Section 54, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 6, Rule 17 -- Agreement to sell - Suit for permanent injunction filed when cause of action to file suit for specific performance had not accrued and the same converted to suit for specific performance during pendency of suit - Application for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid for execution of interim order - Order of status quo passed directing parties not to raise any construction therein - Defendant raising construction in his own land - No ground to interfere with the order dismissing application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Plaintiff filed a suit seeking a decree of permanent injunction - Interim injunction sought was refused by Trial Court - Legality of - Held, Trial Judge failed to appreciate that appellant had been able to make out a prima facie case and that balance of convenience and inconvenience also..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - In the memo of appeal, plaintiff never raised this question that the defence of defendant is barred u/s 4 of the Benami Act - No such argument was also advanced - However, suo motu, Lower Appellate Court recorded this finding without considering the fact that Umar Khan has already been declared to be..........
