Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing and alienating suit property - Prima facie plaintiff is not sole owner of suit property and his possession of suit property is not prima facie established - Plaintiff is not entitled to relief of temporary injunction - Order allowing application for temporary..........
Civil Procedure Code, 1908, Order 21, Rule 90, 54 -- Auction sale - Setting aside - Sale without valid attachment - Not void...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Mere fact that property was sold for a comparatively low price alone cannot be a reason to set aside sale...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Where copy of draft proclamation schedule is received and an opportunity is availed to file objections, appellant cannot contend that no notice as provided U.O.21.R.66(2) CPC was given to him...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - If plaintiff does not intentionally implead a necessary or proper party, Court has right to implead said party on its application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff has made out a prima facie case for grant of injunction and also balance of convenience is in favour of plaintiff - Relief of injunction granted to plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Death of sole surviving appellant during pendency of first appeal - Without impleading L.R's appeal disposed off - On death of sole surviving appellant and legal representatives not prosecuting appeal, consequences were bound to follow namely, that appeal stood abated - Impugned decree set aside and..........
Civil Procedure Code, 1908, Order 47, Rule 7 -- Review - Rejection of application - Appeal thereagainst does not lie - However, if application for review is allowed then appeal thereagainst is maintainable...........
