Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issues - Held, only when there is an assertion of fact and denial of same by the other party which gives rise to an issue, leading to an issue being framed in that regard...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Extension of time - Provision of O.8.R.1 CPC is directory - However, time can be extended in exceptional hard cases and not in a routine manner and on the mere asking of the defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a pendente lite purchaser in a suit for specific performance - Application of a pendente lite purchaser for impleadment himself as a party to the suit should be liberally considered...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Grant of - Procedure to be followed - Held, S.9 of the Act does not lay down any specific condition or any procedure for grant of interim relief - Therefore, when a party approaches a court of law for grant of relief by way of injunction in the absence of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Held, interim orders should not be passed or issued as a matter of right and they should not be in the nature of the final relief or of the nature which is beyond the scope of the final relief claimed or which can not be granted finally...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Grant of - Held, in the matter of grant of interim relief Court is obliged to consider the nature of relief which the party is claiming as a interim measure and the relief which is ultimately available to him in law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Ultimate relief when not available, it cannot be extended by way of interim measure or an order of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Respondent/defendant is in possession of suit premises and running business in the name and style of Hotel Al Zam Zam - Relief of temporary injunction sought by Appellant/Plaintiff restraining respondent/defendant from continuing with hotel business from suit premises pending decision of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Held, merely because appellants/plaintiffs have claimed a specific relief of temporary injunction, which is also one of the relief(s) claimed in the plaint, it would not automatically follow that grant of such relief would be in the nature of final relief - Court has to go through the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is a creature of the statute and no Court or quasi-judicial body or administrative authority can review its judgment or order or decision unless it is legally empowered to do so...........
