Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction and for damages - Defendant without consent of plaintiff mortgaged his property with the bank and availed financial facilities - Relief of permanent injunction and grant of Rs.1,00,000/- as damages for mental agony suffered by plaintiff, upheld...........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession and permanent injunction - Suit filed only against defendants and one of defendant is wife of applicant who has filed detailed written statement for protection of her rights as well as rights of applicant - Applicant despite knowing about filing of suit since beginning and being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff's allegations are that defendants are trying to raise construction over adjoining land - Since dimension of plots of plaintiff and defendants have wrongly altered and correction application in this regard is pending, defendants be restrained from carrying out construction - It is not the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Suit for cancellation of gift deed - There will be bar of O.2.R.2 CPC as earlier suit for injunction was filed, which is pending before Civil Court...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Can be granted only to a person who is in actual possession of suit property - Burden of proof lies upon plaintiff to prove that he was in actual and physical possession of suit property on the date of suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of two Courts below that plaintiff has failed to prove his ownership or possession over suit property - Once possession of plaintiff is not established, there is no occasion for grant of any injunction in favour of plaintiff - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
