Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of passing temporary injunction order, Court is obliged to form it's opinion on availability of prima facie case in favour of plaintiff and further record it's satisfaction regarding two other necessary ingredients viz. balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Means there is serious question to be tried in suit to dispel cloud of doubt relating to plaintiff's entitlement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for preemption - Court of first instance is expected to examine prima facie case with a practical and pragmatic approach sans purely pedantic and idealistic view of the matter - A litigant, who has approached Court asserting his right of preemption, is required to plead and prove for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings in an application for temporary injunction cannot be considered as independent proceedings, separate and distinct from proceedings in suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the instance of co-defendant - An application for injunction by co-defendant against another defendant is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Grant of police aid during pendency of application to set aside ex parte order - Court to first decide application to set aside ex parte order before embarking upon deciding police aid application - Impugned order set aside - Court to decide application to set aside ex parte..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted in respect of no, suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
