Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Whenever an ad interim injunction is granted by dispensing with notice to opposite party, Court is expected to record reasons in writing for granting ad interim injunction for dispensing with notice, as such a course of action involves passing of adverse orders against a party who is not heard...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 3 -- Ad interim injunction - Order granting ad interim injunction by dispensing with notice to respondents - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting ad interim injunction - Appeal U.O.43.R.1 CPC is maintainable against such an order...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Plaint cannot be rejected on the ground of bar U.O.2.R.2 CPC, as whether a suit is barred by provisions of O.2.R.2 CPC, is to be established by leading cogent evidence and cannot be presumed merely on basis of inferential reasoning...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Unless petitioner pleads bar U.O.2.R.2 CPC in his written statement and an issue in this regard is framed and adjudicated upon, it is not possible without any evidence to conclude that suit is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of deciding application U.O.7.R.11 CPC, only contents of plaint are to be seen...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the time of deciding application for amendment of pleadings Court is not required to adjudicate upon plea proposed to be incorporated and is primarily required to consider as to whether amendments are necessary for determining real question in controversy...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate facts arising subsequent to filing of suit - Amendment sought cannot be said not necessary, inasmuch as, suit is for permanent injunction and thus, both the parties would make an endeavour to plead and to prove that they are in possession of property in question -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - When an interim injunction is violated, proper and effective remedy is to move civil Court U.O.39.R.2-A CPC - Resorting to a writ petition u/art 226 of Constitution without exhausting the remedy before executing Court is impermissible, absent exceptional or extraordinary circumstance...........
