Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration of right, title and interest of plaintiff over suit property along with decree of injunction restraining defendant from dispossessing from suit land - Suit partly decreed declaring title of property as plaintiff failed to make prayer for recovery of khas possession of..........
Civil Procedure Code, 1908, Section 50 -- Execution - Decree of permanent injunction - Death of J.D. - Execution of decree against L.R's of deceased J.D. - Where J.D. dies before decree is fully satisfied D.H. can execute the decree against L.R's of deceased J.D. - Plea of L.R's of J.D. that since they were not parties to decree thus they are not bound by the same,..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Violation of ad interim injunction - Application U.O.39.R.2-A for implementation of order of injunction and compensation for suffering damages of Rs.72 lacs, by attaching and selling property - Application in no way can be treated as suit for damages - No Court fee can be ordered..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff had earlier filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too after withdrawal of earlier suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiff, an employee provided accommodation during course of employment - After retirement plaintiff continued in possession of such premises - Plea that plaintiff constructed house from his own resources, as such he is owner of suit property - Plaintiff failed to prove that he constructed the house..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering with the possession and using tubewell in land till the same is partitioned - No evidence on record that plaintiffs are in exclusive possession of entire property - Although tubewell is in the name of mother of plaintiffs but it was admitted that..........
Specific Relief Act, 1963, Section 38 -- Injunction - Plaintiff staked his claim only on the basis of patta but the original patta was not on record & copy thereof was filed which was not approved by Collector - Plaintiff himself admitted possession of defendants - Possession of plaintiff doubtful - Suit for injunction dismissed...........
Civil Procedure Code, 1908, Order 2, Rule 2(3) -- Bar of O.2.R.2 CPC - Suit for specific performance - Suit filed during pendency of previous suit filed for permanent injunction - Withdrawal of suit for permanent injunction - Same cause of action in both the suits - Held, suit for specific performance is barred U.O.2.R.2 CPC - All reliefs whether ancillary to the relief of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for possession, injunction & redemption of mortgage - No reason as to why document in knowledge and possession of appellant not produced in trial court - It is not duty of this court to call fresh evidence to pronounce a judgment in a particular way - Therefore, documents are not..........
