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...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Violation of agreement - Agreement revoked - Whether an opportunity for rectifying the defect prior to revoking the agreement was afforded or not can only be considered when the suit is taken up for hearing and not at the stage for considering the prayer for interlocutory order of injunction...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Injunction decree - Execution - Attachment of property or by imprisonment - Can be resorted to only when J.D. had an opportunity of obeying the decree and has deliberately failed to obey it...........
Civil Procedure Code, 1908, Article 136, Order 21, Rule 32 -- Proviso - Injunction decree - Execution - It has a permanent and perpetual life - It can be put into execution at any time to prevent breach or to prevent apprehended breach...........
