Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicter - Maintainability - If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of temporary injunction matter, a mini trial cannot be conducted - Consideration of such questions at the stage of temporary injunction, will certainly affect the merits of suit during trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Existence of prima facie right and infraction of enjoyment of right is a condition for grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - `Prima facie case' means that there is a serious disputed question to be tried in the suit and that an act, on the facts before the Court, there is probability of plaintiffs being entitled to the relief asked for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A permanent injunction is an order of substance and ought to be treated as such...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Burden of proof - Suit for permanent injunction filed by plaintiff restraining the defendants and their men from interfering with their possession and enjoyment over the suit property - Burden is on plaintiff to prove that they are in possession and enjoyment over the suit property as on the date of suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant admitted possession of plaintiffs over suit property since 20 years prior to institution of suit - Even, as per own case of defendant that he is not claiming any title in the suit property - Therefore, defendants and their men are not entitled to interfere with the possession and enjoyment of..........
