Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration and permanent injunction restraining defendants from dispossessing plaintiff from suit land claiming to be tenant and not liable to be evicted except in due course of law - No evidence produced to show that plaintiff voluntarily surrendered possession - A tenant can only be..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 1, Rule 10 -- Legal representatives can take only pleas appropriate to their character as legal representatives - If legal representatives intend to take other pleas i.e. additional pleas - Legal representatives must get themselves impleaded as party and thereafter take defence open under..........
Civil Procedure Code, 1908, Order 1, Rule 3, 8 -- Suit against unregistered body - Every member thereof, has to be impleaded as necessary party - If members are numerous, it is open to party suing to sue only a few members in representative capacity - Opportunity is to be given to party suing either to implead all members, if possible, or to convert suit into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - One stray entry in the jamabandi for the year 1985-86 in favour of the plaintiff - No document to show as to how this stray entry was made in his favour - Held, plaintiff is not entitled to any injunction simply on the ground that he was not given any notice before making change in the revenue..........
Civil Procedure Code, 1908, Order 18, Rule 17-A, Civil Procedure Code, 1908, Order 23, Rule 1 -- Case fixed for arguments - Prayer that a fraud has been played on the applicant in recording the compromise during the pendency of suit - Held, applicant must be given leave to lead further evidence and make statement disclosing the fraud which has been played...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as one of the correspondents - Person even if not a necessary party but a proper party for purpose of adjudication of case - Should be permitted to become a party in the suit...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court and Appellate Court came to the conclusion that plaintiffs not entitled for interim injunction - Orders passed by Courts below based on prima facie valid evidence and cannot be said to be arbitrary or perverse - Does not call for interference in revision under Section 115...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction in a suit for permanent injunction against Improvement Trust for restraining it from carving out plots on any part of street by conducting public auction - Disputed land acquired by Improvement Trust duly approved by State Government and compensation already deposited and Tehsildar who was appointed as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Joint property - Co-owner or coparcener is not a necessary party...........
Civil Procedure Code, 1908, Order 18, Rule 17A, Civil Procedure Code, 1908, Order 20, Rule 1 -- Additional evidence when case fixed for pronouncement of judgment - Permissible - Judgment is a stage of a suit - Court in no way loses control over proceedings of suit till its pronouncement and signing the judgment in accordance with provisions of Order 20...........
