Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has power to pass order of conditional attachment U.O.38.R.5(3) CPC if it was not passed alongside the direction issued U.O.38.R.5(1) CPC - Such an order can be passed at any stage of a suit as clearly stated in U.O.38.R.5(1) CPC...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for permanent injunction - No privity of contract between plaintiffs and defendants - Decree of declaration of sale deed which is executed by defendant No.1 in favour of defendant Nos.2 & 3 does not give any cause of action to plaintiffs to institute suit seeking..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Permission to alienate suit property - Suit filed by plaintiff for specific performance dismissed on the ground that plaintiff is not ready and willing to perform his part of contract and appeal against the same is pending - Suit property was sold two times before filing of suit by plaintiff, however, both..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - In a suit for mandatory injunction, no relief of temporary injunction can be granted, which will amount to passing a decree of mandatory injunction itself...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining change of nature of land - Courts below held that Gram Panchayat/defendant is competent to change user of land in a manner it likes as well as when sufficient area of shamlat land is available, it can be used for any other development - Injunction therefore, cannot be granted regarding..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Averments in plaint would not show that any personal right of any of plaintiffs being infringed, therefore, in view of S.41(j) of the Act, suit is not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Title suit filed by plaintiffs dismissed and title of property in favour of defendants has already upheld - However, appeal filed by plaintiffs against such dismissal of suit is pending - Balance of convenience is in favour of defendants, as title and possession of suit property has already..........
