Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - At appellate stage - Plaintiff has no absolute right at appellate stage to withdraw from suit - Application made at appellate stage to withdraw suit cannot be allowed by Court if granting such permission would have effect of depriving or destroying or nullifying or annulling any right which has come..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - Parties in possession of their respective shares - However, property not partitioned by metes and bounds - Suit for partition filed by plaintiff after renovation started by defendant - Defendant gave an undertaking that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, perpetual and mandatory injunction - Suit based on undertaking allegedly executed by mother of defendant giving parking rights to plaintiff - Issue arising whether undertaking is genuine and registration is required or not u/s 49 Proviso of Registration Act - Said issue thus, can be..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - Execution proceedings relate to interim order passed by Court in same suit - O.21.R.29 CPC does not contemplate a situation where execution proceedings in Court relate to an interim order passed by Court in same suit - Application U.O.21.R.29 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - If execution of interim order of injunction is stayed U.O.21.R.29 CPC, it would have effect of nullifying interim order itself, as interim order operate only till disposal of suit - Application U.O.21.R.29 is not maintainable...........
Civil Procedure Code, 1908, Section 36 -- Execution - Order granting injunction is executable by applying provisions of CPC relating to execution of decrees...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Court has ample power to remit matter for de novo trial only when appellate Court found that re-trial is necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of suit - When each of application bring forth a sound explication for the occurrence of the apposite delay thereupon after condoning the apposite delay this Court deems it fit to set aside the order of, abatement of the appeal - Orders for substitution of the deceased by his LRs being made in the array of..........
