Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If defendant is permitted to alienate disputed property then it will give rise to multiplicity of suits, which is not legally permissible - Order of status quo, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Non-receipt of notice - Condonation of delay - Merely because instead of word `Secretary' word `Manager' had been written on the address which was otherwise complete - It would not be sufficient to hold that no, applicant college was not served, more particularly when the notices sent by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamalat deh - Ad interim injunction - Rejection of - Land in dispute is a shamlat deh and Gram Panchayat is described its owner in revenue record - Kind of land shows as Tibba and Choe (no, cultivable) - Revenue record in which Gram Panchayat..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from selling, transferring, alienating or creating third party rights in suit property - No concluded contract between parties - Exact area of subject matter of transaction in dispute - Plaintiff did not express readiness and willingness to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting was not a right in property..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Failure to prove prima facie case to go for trial - Injunction cannot be granted even if balance of convenience is in his favour or that he will suffer irreparable loss and injury, if no injunction is granted...........
Court Fees Act, 1870, Section 7(v), Constitution of India, 1950, Article 227 -- Ad valorem court fee - Suit for joint possession of suit land alleging it to be coparcenary property of parties - Plaintiffs also challenged two transfer deeds executed by defendant No.1 in favour of defendants Nos.2 and 3 regarding suit land - Plaintiffs are not party to transfer deeds which..........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court fee - Petitioner claims to be co-sharer in the property on the basis of natural succession - Seeks declaration that mutation of inheritance of deceased is null and void - Subsequent sale deeds are based on illegal and wrongful mutation - Petitioner is not an executant of sale deeds, nor the relief of possession..........
Court Fees Act, 1870, Section 7(iv)(c) -- Challenge to sale deed - Plaintiff claims to have stepped into the shoes of vendor and therefore becomes executant of impugned sale deed - Held, plaintiff is liable to pay ad valorem court fee on sale consideration of the impugned sale deed...........
