Civil Procedure Code, 1908, Order 39, Rule 4 -- Interim injunction - Vacation - Plaintiff obtained loan from defendant - Plaintiff seeking injunction against encashment of cheques issued - Claim of plaintiff that those cheques were not intended for repayment of loan - Agreement pleaded by plaintiff whereby cheques were to be treated as collateral and not to be encashed not..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- 'Any party' - Means any party to the suit - Expression means that only a party to the suit can invoke the remedy U.O.39.R.4 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- 'Any party' - Includes any party who had subsequently come on record as a party...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Variation - At the instance of a person who is neither the owner nor in possession - Not maintainable as he is not to be prejudiced in any manner nor he will suffer any irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 5, Rule 12, Civil Procedure Code, 1908, Order 27, Rule 4 -- Notice - Suit against Govt. officials - Treating of refusal to receive notice by Asst. Government Pleader appointed for the Court who is Agent of Government as constituting service - Proper...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- A person not party to the suit - Can move an application U.O.39.R.4 - Such a party may seek impleadment or may not...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Impleading of a defendant after passing order of injunction - That party after being impleaded as a defendant has a legal right to approach the Court to consider afresh the question of granting injunction affecting its rights...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Suppression of material facts - Ex-parte order of injunction is liable to be vacated on this short ground...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Vacation of ex-parte stay - Held, exparte stay can be granted, but once it is granted the same cannot be vacated without notice to the party at whose instance the stay was granted...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Application for vacating exparte injunction - Filing of written statement is not a condition precedent for consideration of application...........
