Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of claim - Jurisdiction of Court is not affected - Only a request is made to Court not to apply its mind to the abandoned part of claim...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit filed by one single individual to protect his right is maintainable even though he may be espousing a public cause - He is not bound to file suit in a representative capacity...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- One of the co - sharers of a well cannot deprive the right of irrigation to the other co - sharers by unauthorisedly removing the common facility for irrigating the fields...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Tenant - Petitioner shown as tenant in cultivating possession of the land since long - Mere fact that land was shown vacant for three crops in between does not mean that tenant is no more in possession - Petitioner in continuous cultivating possession from 1992 to 1996 subsequent to the period land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1 -- Court can appoint receiver without any application by any of the parties while rejecting the application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Suit for permanent injunction - As no relief for specific performance of the agreement to sell is sought as such suit for injunction alone is not maintainable and for that reason, no ad interim injunction can be granted...........
Civil Procedure Code, 1908, Order 35, Rule 1 -- Interpleader suit - If in an interpleader suit plaintiff claims any interest in the suit property, such suit has to necessarily fail...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Suit by a partner for permanent injunction restraining other partners from using property of firm - Receiver- Cannot be appointed since no useful purpose would be served - Even if property is preserved till disposal of suit, as suit is only for injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partnership firm - Suit by one partner of dissolved firm seeking injunction restraining other partners from using moveable properties of firm - No possibility of irreparable loss - Adequate, monetary compensation could be given to plaintiff - Injunction cannot be granted...........
