Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction order sought to preserve property and protect the same from alienation - Rejection of application seeking such reliefs, held, not proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute relating to registered will - Appellant and respondent No.3 were excluded and beneficiaries were respondents No.1 & 2 - Apprehension that defendants will alienate immovable properties covered under Will - Defendants were directed to maintain status quo of the property mentioned in the Will -..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission to file fresh suit - Subsequent suit filed on different cause of action - Subsequent suit not barred either U.O.23.R.1(4) or O.2.R.2 CPC even though earlier suit related to same property and between the same parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Court below exercised the discretion by restraining defendant from interfering in peaceful possession of property as well as restraining them from alienating property in any manner - Such exercise of discretion does not seem to be arbitrary, patently..........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - Election petitioner never taken corrupt practice as a ground to challenge election of appellant - Pleadings sought to be taken by way of amendment cannot be said to be of introduction of any new cause of action or new ground of challenge - It cannot be said that ground as sought to be pleaded..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80 CPC - No relief is claimed against public officers - Rather, public officers are arrayed as proforma defendants - Notice u/s 80 CPC is thus, not required - Application for rejection of plaint rightly rejected...........
Civil Procedure Code, 1908, Order 3, Rule 1, Advocates Act, 1961, Section 32 -- Power of attorney holder - S.32 of Advocates Act does not create bar for GPA holder to represent a party as such, if said GPA holder during pendency of proceedings gets enrolled as an advocate...........
