Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction - Plaint discloses all the factors and also shows that defendant is trying to sell the land - Contention of defendant that there is no cause of action cannot be accepted - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 3(a) -- Ex parte ad interim injunction - Where it is proposed to grant injunction without giving notice to opposite party, Court shall record reasons for its opinion that object of granting injunction would be defeated by delay...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff must prove the boundary as well as the existence of property for claiming relief of permanent injunction - However, documents shows that property available is only to an extent of 1 acre and not 1 acre 5 guntas - Relief rightly granted to the extent of 1 acre of land...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - U.O.9.R.13 CPC, it is evident that an ex parte decree can be set aside if the cause for non-appearance is shown to be sufficient...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Appellant's name is recorded to record of rights of suit property - He was not made party to suit and in his absence, said property cannot be partitioned - It is patent illegality in the impugned judgments and decrees of both the Courts - As regarding defence..........
Right of pre-emption -- Plaintiffs filed suit for possession by way of pre-emption claiming superior rights of tenancy over the land under defendant no.2 - However, plaintiff failed to discharge the burden of proof of tenancy - It was the plaintiffs who were to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant - Suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Property in question is till date a joint property - Plaintiff is co-sharer and there being a prima facie case having been made out and also having balance of convenience and inconvenience in his favour - Order of status quo thus, passed in respect of suit land in respect of parties..........
Criminal Procedure Code, 1973, Section 146, 145 -- Order of attachment - There must be existence of situation over possession of disputed land which may cause breach of peace between parties prior to any order of attachment of disputed property is made - If there is no direct evidence of any likelihood of breach of peace, inability of Magistrate concerned to come to a..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Substantial question of law must be debatable not previously settled by law of land or a binding precedent and must have a material bearing on the decision of the case, if answered either way, insofar as the rights of parties before Court are concerned...........
