Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Subsequent purchaser - Not a necessary party - His presence is not necessary to settle all the questions which arise in the suit...........
Civil Procedure Code, 1908, Order 39, Rule 4, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order granting injunction - Remedy thereagainst - Held, two remedies are available to incumbent who is dissatisfied with order of injunction passed against him - Such an incumbent can apply U.O.39.R.4 CPC for vacation of injunction order and also can prefer appeal U.O.43.R.1(r)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Factors to be considered - Held, when an application for impleadment of a party is filed, all that Court needs to consider is, whether applicant has made out a prima facie case on his interest in the subject matter of the dispute and whether his presence is necessary for proper and effectual..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Suit for permanent injunction - Application U.O.39.Rr.1 and 2 CPC rejected by trial Court - On appeal First Appellate Court directed the parties to maintain status quo - Writ petition filed by petitioners-defendants on the ground that they may be allowed to repair the wall, which has been constructed over the plot in dispute..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 23, Rule 1(4) -- Bar to subsequent suit - Previous suit filed on mere apprehension of dispossession from the plot in dispute - Subsequent suit filed when he actually stood dispossessed during pendency of that suit - It gives rise to fresh and an independent cause of action for filing..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - At the time of withdrawal of suit for injunction, no permission for institution of fresh suit for possession was required as plaintiff had been dispossessed during pendency of that suit - O.23.R.1(4) not attracted in the facts of present case...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 - - Bar of suit U.O.2.R.2 - Suit for permanent injunction, restraining defendants from alienating suit property to any third parties, reserving her right to file suit for specific performance - Held, plaintiff does not have such power to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Propriety - No relief sought against Respondents Nos. 2 & 3 - Not necessary party - Order of impleadment rightly set aside...........
Civil Procedure Code, Order 23, Rule 1(4) -- Withdrawal - Second suit - Previous suit withdrawn unconditionally - At the time of withdrawal of previous suit, plaintiff neither alleged any compromise effected nor sought permission of Court to file fresh suit regarding same subject matter - Held, second suit is clearly barred by O.23.R.1(4) CPC...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Suit for permanent injunction - Necessary party - Suit has been filed on the basis of possession by respondent - Appellants pleaded their possession over suit land as non occupancy tenants but they have failed to prove their possession on any part of suit land - Respondent in the suit has pleaded interference by appellants and..........
