Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trial Court while dismissing the application has given thoughtful consideration to rival contentions raised by parties as also facts of case and rightly exercised its discretion while deciding the application - Appeal against the same is dismissed - Both the orders do not suffer from any illegality..........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), Civil Procedure Code, 1908, Order 1, Rule 8 -- Joint complaint - When similarly placed complainants jointly make complaint seeking very same relief, there is no question of O.1.R.8 CPC being complied with as they do not represent others, particularly when there is no larger public interest involved...........
Civil Procedure Code, 1908, Section 152, 151 -- Correction/amendment of decree - Court is not empowered to correct/amend decree which is in accordance with findings recorded in judgment even if it is erroneous not falling within in its ambit...........
Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Putting new facts on record due to engagement/change of new counsel - Fault on the part of counsel or any other reason attributed to counsel cannot be ground for filing of amendment application and allow the same, which was filed after commencement of trial...........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Schedule of movable and immovable property with estimated value thereof be annexed with application - Applicable is liable to be rejected if it is not framed and presented in the manner prescribed under O.33.Rr.2 & 3 CPC...........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Requirement of O.33 CPC is not only the schedule qua immovable property but the same also comprises of movable properties - Application decided only on the basis of immovable properties ignoring the fact that there was no proof of movable property - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Disobedience - No evidence on record that defendant had actually interfered in possession of plaintiff and caused any destruction of crops - Order directing defendant to undergo civil imprisonment for a period of one year, set aside...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Sought by a person not party to the proceedings - Application is not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
