Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining change of nature of land - Courts below held that Gram Panchayat/defendant is competent to change user of land in a manner it likes as well as when sufficient area of shamlat land is available, it can be used for any other development - Injunction therefore, cannot be granted regarding..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Statement made by a party or by his counsel towards compromise which is taken down in writing is as good as a written compromise and would satisfy requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Very purpose of incorporating that a compromise should be in writing was to ensure that everything is there in black-and-white and that there is no ambiguity in respect of terms of compromise so that either of party does not turn round at a later stage to back out on some terms or tries to misinterpret some terms..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Title suit filed by plaintiffs dismissed and title of property in favour of defendants has already upheld - However, appeal filed by plaintiffs against such dismissal of suit is pending - Balance of convenience is in favour of defendants, as title and possession of suit property has already..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Without liberty to file fresh on same cause of action - Plaintiff can abandon a suit or a part of his claim as a matter of right without permission of Court - He need not obtain any permission from Court to abandon suit - However, plaintiff will be precluded from suing again on same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Where plaintiff wants to withdraw suit and institute a fresh suit on same subject matter, he has to seek and obtain permission from Court...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - In order to constitute a ground for making an application for withdrawing from suit with liberty to file fresh suit on same subject matter, it is not sufficient to show that there is some formal defect in the suit but it is also necessary to show that suit would fail on account of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit - Sufficient ground - There is no requirement that `sufficient ground' pleaded by plaintiff from seeking permission to withdraw suit with liberty to institute fresh suit shall be analogous to a formal defect...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - `Formal defect' is a defect of form prescribed by rules of procedure such as want of notice u/s 80 CPC, improper valuation of suit, insufficient Court fee, confusion regarding identification of suit property, misjoinder of parties, failure to disclose a cause of action etc...........
