Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Simpliciter suit for injunction - Any order passed of injunction would bind only the parties to the suit - Proposed party will not be bound by the order in the suit - Order allowing impleadment set aside...........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for mandatory injunction - Suit was not simpliciter suit for mandatory injunction but in fact it was for relief of recovery of possession and declaration - Suit is required to be valued properly at the market value of the property...........
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
Specific Relief Act, 1963, Section 38 -- Injunction - Possession claimed under agreement to sell - Simpliciter suit for injunction not maintainable without seeking remedy of specific performance as suit for mere injunction does not lie against the true owner...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
Specific Relief Act, 1963, Section 38 -- Injunction suit - Determination of title - In a suit for relief of injunction simpliciter the question of determination of title does not arise - A reference to title, if at all, would be only in the limited context of understanding the claim of the respective parties in the suit schedule property...........
Specific Relief Act, 1963, Section 38 -- Injunction - Right to use a passage - Restraining defendant from obstructing the use of such passage - In a simpliciter suit for injunction relief of injunction can be granted if plaintiff proves that he was exercising such right on the date of filing of suit - Question of acquisition of prescriptive right by plaintiff is not..........
Specific Relief Act, 1963, Section 38 -- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person in wrongful possession is not..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration of title simpliciter not maintainable unless consequential relief is also prayed for i.e. relief of possession - In the instant case plaintiff also prayed for permanent injunction restraining defendant from interfering in the possession of plaintiff - Suit maintainable in..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Simpliciter suit for injunction - Suit withdrawn - Subsequent suit for declaration of title, injunction and recovery of part of extent over which structures exists - Cause of action for subsequent suit arose as defendant attempted to trespass and put up some constructions..........
