Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiff had filed first suit seeking possession after tenanted premises were demolished - Right to claim damages for loss of property including goods and machines was available to plaintiff at that time - Plaintiff was required to obtain leave of Court before filing suit for damages subsequently -..........
Specific Relief Act, 1963, Section 37, 38, 39, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Suit for permanent/mandatory injunction against son and daughter-in-law - Plea by defendant under DV Act - Plaintiff claiming to be owner of suit property and that defendants are licensees in the property - Ownership of plaintiff not in dispute - There is no..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Provisions of DV Act - Cannot be used as a ploy by son to either claim a right in his father's property or continue to retain possession of father's property on strength of his wife's right of residence - A civil dispute relating to ownership of property cannot be converted into a case under the DV Act, as..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought when suit was fixed for rebuttal evidence - Plaintiffs after availing more than 40 effective hearings to lead evidence and having failed to bring on record evidence to support their claim and when suit was fixed for rebuttal evidence and arguments had audacity to move application for additional..........
Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) To reject a plaint on the ground that suit is barred by any law, only averments in plaint to be referred to; (ii) Defence made by defendant in the suit must not be considered while deciding merits of application; (iii) To determine whether a suit is barred by res judicata, it is necessary..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Claim that suit property be preserved and protected during pendency of suit and restraining defendant from alienating, selling, disposing, encumbering or changing nature of suit land - Plaintiff claiming to be present in the office of Sub Registrar with..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner being a third party earlier also attempted to be impleaded by defendant but having failed on such attempt present application is filed as a second round of litigation - Plaintiff in a suit is a dominus litis and he has his own choice to implead a person..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Mortgage decree - Claim petition is not maintainable U.O.21.R.58 CPC once mortgage decree is passed against mortgaged property...........
