Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - Suit for permanent injunction - During pendency of suit defendant raised certain construction over the suit property - To avoid the multiplicity of suits amendment sought which cannot be said to be either improper or incorrect - Held, as interlocutory order neither..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent prohibitory injunction - By way of amendment relief of declaration of title and possession sought - Amendment sought after 11 years of institution of suit - Plaintiff not debarred from instituting a new suit, hence to avoid multiplicity of suits amendment allowed - Amended plaint shall..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Challenged in a suit for declaration by grandsons that alienation made by their grandfather being without legal necessity and without consideration and consequently relief of permanent injunction claimed - Only way to avoid the document would be to seek its cancellation and mere declaration cannot have an effect on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction - Amendment sought to seek relief of declaration and recovery of possession - Held, when a suit is filed initially for perpetual injunction, subsequent application for amendment seeking to convert suit into one for declaration of title is not maintainable...........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to implement order of temporary injunction - When once an injunction order is not carried out, it is always open for the parties to seek police protection to see that the order of temporary injunction is properly implemented...........
Civil Procedure Code, 1908, Order 39, Rule 1(c) -- Temporary injunction - Plaintiff in possession under agreement of sale - Heavy amount paid to vendor on date of execution of agreement - Sale deed could not be executed due to failure of owner to obtain Income-tax Clearance certificate - Plaintiffs cannot be blamed for non payment of remaining amount - Prima facie they..........
Civil Procedure Code, 1908, Section 11 -- Previous suit by defendant for permanent injunction - Finding recorded in previous suit that defendant in possession of suit land not as a tenant but as a trespasser however plaintiff restrained from taking forcible possession except in due course of law - Relief restraining dispossession except in due course of law - Cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petrol pump - Violation of agreement - Change of constitution of firm i.e. proprietorship firm to partnership firm without prior permission of grantor/licensor - Contract terminated - Not entitled to injunction...........
