Civil Procedure Code, 1908, Section 24 -- Transfer of suits - Suits for declaration and injunction pending in High Court and City Court - Disputes in suit in High Court and three other suits pending in City Court appear to be inextricably connected - Held, suits pending in City Court transferred to High Court - Suits will be taken up and decided analogously...........
Limitation Act, 1963, Article 65 -- Suit for possession and injunction - Limitation - Plaintiff came to know about unauthorized occupation by defendant only in 1970-71 - Suit filed in 1974 - Held, suit is well within limitation...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. when dispossessed after passing of decree then executing Court has full power to give effective relief to the decree holder by restoring the possession...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Objection as to - Not raised in the temporary injunction application and appeal filed against the order therein - There is no waiver of the right to raise the objection in the written statement...........
Court Fees Act, 1870, Section 7(iv)(c) -- Plaintiff filed suit seeking annulment of gift deed and sale deed to which he was not a party - Relief of possession not sought as plaintiff already in possession of property in dispute - Consequential relief of injunction was claimed - Held, plaintiff not required to pay ad-valorem court fee on the amount of consideration of gift..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of possession - Findings recorded by Sub-Divisional Magistrate vide inquiry/status report during pendency of suit that defendants are in actual possession of suit land - Held, said report which was obtained during pendency of suit would carry no probative value - It cannot be relied to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - On the ground that material used in building work and machinery etc. is taken away by defendant/Executive engineer - Evidence on record establish that plaintiff violated terms of contract - Even, plaintiff abandoned work without any rhyme or reason causing huge loss to State - Moreover, plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance of sale agreement - In plaint, plaintiff referred to some earlier suit which he filed for permanent injunction to put restrain on defendant from dealing with property subject matter of sale agreement - Defendant also filed written statement in that injunction suit -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Omission to sue for all reliefs - Sale agreement - Simple suit for injunction to restrain defendant from dealing with property subject matter of sale agreement - Plaintiff omitted to claim relief of specific performance, though same was available to him - Held, subsequently plaintiff will not be entitled to sue for relief of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit as framed and filed does not have all the necessary parties - Held, no interim relief can be granted in favour of the plaintiffs in such a suit...........
