Civil Procedure Code, 1908, Order 41, Rule 1(u), 24, 33 -- Order of remand - Appeal against - Appellants prayed for setting aside impugned judgment and decree of first appellate Court remitting back the matter to trial Court for afresh disposal, with further prayer to remand the matter to first appellate Court with a direction to decide appeal on merits on all questions..........
Civil Procedure Code, 1908, Section 151, Order 33, Rule 1 -- Permission to sue as an indigent person - Application not in proper form - Correction of mistake - Court in exercise of inherent jurisdiction u/s 151 CPC can allow a mistake or omission or error if it does not offend the specific provision in the Code or other laws - Order allowing correction of mistake calls for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Construction raised despite order of status quo - Ordered to be demolished - Third party claiming it to be his construction and raising plea that order of demolition is passed without hearing him - In the mean time petitioner filed application for impleadment as a party - Held, in case petitioner is allowed to be impleaded..........
Specific Relief Act, 1963, Section 38, 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Suit for permanent injunction - Issue regarding title not framed - On the basis of pleadings of defendant in his written statement issue was framed that as to whether plaintiff is owner in possession of suit land - No challenge was made to the validity of sale deed in favour of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - No final relief can be granted at the stage of deciding application for temporary injunction...........
Civil Procedure Code, 1908, Section 152, 153, Order 47, Rule 1 -- A point urged but Court did not deal with the same - Party to file an application immediately either for review or any other application to bring this on record before the trial Court - Having not done so, the matter cannot be allowed to be raised before appellate Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Illegal possession - Whether an illegal possession of a person could be protected by grant of injunction under the Code? - Held, certainly not - In present case, status of respondent is not better than that of a trespasser - As such, he cannot be allowed to stay over the land in dispute -..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit on compromise - Subsequent suit - Bar - Suit was withdrawn at the instance of respondents when a valid decree was already in favour of petitioner - Withdrawal was conditioned that the parties would act upon the compromise but said compromise was not implemented - Held, consequently, parties would be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 10 -- Temporary injunction - Infringement of registered trademark - Suit for permanent injunction - There were some pleadings in the main suit with regard to "Passing of action" - Trial court while exercising its powers granted temporary injunction and directed plaintiff to amend its..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Written statement - Amendment - Coupled with application for framing of additional issues - Applications not bona fide one - Not necessary for proper adjudication of the controversy in dispute - Dismissal of applications - Calls for no interference...........
