Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........
Specific Relief Act, 1963, Section 34 -- Simpliciter suit for injunction - Defendant denied title of plaintiff as vendor of plaintiff was not having any right and title to sell the suit property - Thus serious dispute raised by defendant as to plaintiffs title as such there was need for plaintiff to amend the plaint and convert the suit into one for declaration - Defendant..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - A person out of possession, cannot seek relief of injunction simpliciter, without claiming relief of possession...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Suit is maintainable, where plaintiff's title is not in dispute or under a cloud and where there is merely an interference with plaintiff's lawful possession or threat of dispossession...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Ownership - In the instant case, notice was issued by defendant for resumption of land whereby said notice was challenged by plaintiff on assertion of absolute ownership and possession over property - However, said assertion was denied by defendant on ground that property belonged to Government..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal decided on the assumption that suit is for grant of permanent injunction simpliciter - However, reading of the plaint as a whole shows that issue of title is not wholly foreign to the controversy and is relevant while considering the grant of permanent injunction -..........
Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Suit for specific performance and perpetual injunction - Relief of specific performance simpliciter though lie within the jurisdiction of Court below, but relief as a whole not being within its territorial jurisdiction - Suit, thus, cannot proceed as application of S.16(d) CPC is inescapable and relief of..........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Plaintiff not in possession of suit land but filed a simpliciter suit for prohibitory injunction - Merely by adding the line in the prayer clause by plaintiffs that in case defendants are able to take possession of suit land during pendency of suit, suit may be treated as `a suit for possession', is not..........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining alienation - Such a relief is not available in a simpliciter suit for injunction - Such prayer is generally made in a suit for specific performance of an agreement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Simpliciter suit for injunction - Any order passed of injunction would bind only the parties to the suit - Proposed party will not be bound by the order in the suit - Order allowing impleadment set aside...........
