Civil Procedure Code, 1908, Section 115, 47 -- Revision - Maintainability - Execution of decree for injunction and declaration of title - Executing Court allowed objections filed by J.D. - Held, allowing objection u/s 47 CPC amounts to deciding question in issue that decree cannot be executed - Revision against - Held, maintainable...........
Civil Procedure Code, 1908, Section 47 -- Suit decreed for injunction in respect of certain plot and for declaration in respect of other properties detailed in cause title of plaint - In execution application, executing court, while allowing objection of J.D. u/s 47 CPC can take note of all these aspects and passed order, holding that declaratory decree cannot be executed..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Not maintainable when it is not proved that plaintiff is in possession of the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant against co-sharer - Held, every co-sharer has a right to property and to develop property in accordance with law, subject to the condition that such use of property will not render partition impossible - Either plaintiff may file a suit for partition and injunction, or may bring such facts and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Absolute Injunction -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Petitioner filed civil suit and obtained injunction against his dispossession - During pendency of civil suit objections filed by him to execution petition filed by Landlord without withdrawing civil suit - Held, it is a pure and simple case of forum hunting on part of petitioner who has consumed..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent prohibitory injunction - Decree - Does not declare the right of parties in suit property - Liberty given to the parties to get their rights decided before the appropriate forum...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Decree cannot be passed merely for the reason of non filing of written statement without a finding as regards title over suit property or to the effect that plaintiff is in possession thereof which may entitle plaintiff to a decree of permanent prohibitory injunction...........
Civil Procedure Code, 1908, Section 2(9), Order 20, Rule 4 -- Decree for prohibitory injunction passed against only one of the defendants - Not a judgment within the meaning of S.2(9) read with O.20.R.4 CPC - Not legally valid which is capable of execution...........
