Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment sought seeking declaration of title also - If amendment is allowed defendant will not be prejudiced as question of title can be incidentally gone into in a suit for injunction - Delay in filing such application can be compensated by awarding costs to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Lease - Possession of lessee after expiry of lease becomes unauthorised - He is not entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Power of Court to grant injunction is limited only with respect to the property, which is the subject matter of suit and cannot be extended beyond that...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Approaching Court with unclean hands - Not entitled to discretionary relief of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff married before the death of her father - However, it was pleaded that plaintiff was unmarried at the time of death of her father - Plaintiff has not approached Court with clean hands - Not entitled to discretionary relief of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Concealment of facts - Not entitled to injunction - One `Kesro' married well before the death of her father and in the suit it was pleaded that she was unmarried at the time of death of her father - Held, it is crystal clear that plaintiff has not approached the Court with clean hands - Plaintiff therefore, not entitled to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for possession and mandatory injunction - Suit property transferred by defendant during pendency of suit - Presence of transferee is not only proper but necessary because without their presence the matter cannot be adjudicated properly - Any person claiming to be the rightful owner of the..........
Transfer of Property Act, 1882, Section 108(B)(e), 106, 114, 111 -- Tenant - Eviction - Tenanted premises destroyed completely due to accidental fire - Tenant constructed new building on same site without consent of landlord - Suit for eviction and mandatory injunction for demolition of new shop - When tenanted premises completely destroys by natural calamities tenancy..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Gram Panchayat from constructing drain for discharging the sullage and rainy water - Gram Panchayat is executing a work of public utility, which should not be stalled on the apprehension of the plaintiffs which according to the panchayat is illusory and is unfounded...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for specific performance - Earlier suit for injunction filed when it was open for plaintiff to file suit for specific performance - In previous suit neither relief of specific performance sought nor any application filed U.O.2.R.2(3) seeking leave of Court to sue for relief of specific performance afterwards - Therefore,..........
