Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction in a suit for permanent injunction restraining defendant from interfering in peaceful possession of shop being a tenant and plot being used for running business of Kabari - Plaintiff inducted as a tenant under a written document between the parties - Does not depict that plot also under tenancy of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as a party in a suit for permanent injunction to restrain certain private individuals from interfering into possession of plaintiff-Society - Basically a suit against private individuals - From nature of pleas asserted by applicant-Society and reply filed by plaintiff-Society clear that some controversy about..........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 1, 2 -- All documents and documentary evidence to be filed on or before the settlement of issues - However, where good cause is shown Court can allow such documentary evidence at later stage - Where trial Court refused to admit document produced as evidence at later stage on ground that no good or sufficient cause has..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Trespasser - Defendant in possession immediately before filing of the suit - No legal documents or valid reason shown as to on what basis the plaintiff took over the possession - Interim injunction refused by trial Court - Held, Courts do not protect the possession of a trespasser against true owner - Order of trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction in favour of a trespasser or a person who gained unlawful possession - Cannot be granted as against true owner...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court as well as Appellate Court declined interim injunction - Prima facie findings of Courts below based on valid reasons - Interference in revision under Section 115 - Declined...........
Civil Procedure Code, 1908, Section 11, Order 40, Rule 1 -- Receiver - The order is discretionary and the discretion must be exercised in accordance with the principles on which judicial discretion is exercised - The dismissal of an earlier petition will not be a bar if the Court finds that some other circumstances exists which necessitate the appointment of a Receiver...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1 -- When a fatal defect has erupted in the institution of the suit, no liberty can be granted to file a fresh suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking temporary injunction - Such claim is maintainable only if cause of action for seeking such relief arises out of or incidental to suit - Where cause of action is unconnected with suit against him he can claim relief only by separate suit...........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Suit filed without referring the dispute for arbitration as stipulated in the contract of policy of insurance - Held, if there is no dispute with regard to the quantum of money, the suit is maintainable...........
