Civil Procedure Code, 1908, Order 1, Rule 10(2), Hindu Marriage Act, 1955, Section 13, Hindu Marriage (Punjab) Rules, 1956, Rule 8 -- Impleading of adulterer as a party in a petition for divorce on ground of adultery - Joining of adulterer as a party is mandatory as per Rules framed under Hindu Marriage Act - Moreover, finding of adultery would adversely affect the..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit for joint possession as plaintiff failed to challenge mutation - However, plaintiff is neither executant of mutation nor mutation falls within definition of written instrument executed by her - Moreover, in a suit filed by plaintiff, it is not necessary to formally challenge mutation - Order allowing..........
Civil Procedure Code, 1908, Order 40, Rule 1, 2 -- Discharge of receiver - Receiver discharges his duties at the pleasure of Court - If Court discharges receiver, he has to hand over charge forthwith to newly appointed receiver - However, at the time of discharge, receiver is adequately remunerated for work he has done - Outgoing receiver granted leave to apply before..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from parking their vehicles in front of shops occupied by plaintiffs - Shops in question are in possession of plaintiffs and they are operating business activities from these shops - By parking vehicles exactly in front of shops thereby blocking free flow of movement certainly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No injunction can be granted against true owner, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to dispossess him except according to procedure of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Irreparable loss - If the loss likely to be suffered by not granting injunction cannot be compensated in terms of money it is treated as irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Out of three principles, prima facie case is sine quo non for granting interim injunction and another one principle is sufficient - Not all three are required to grant the relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - An encroacher cannot seek an equitable relief of injunction so as to prevent the real owner from protecting the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
