Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prayer for expeditious disposal of application - Plaintiff did not take steps for service on defendants for more than one year and seven months after issuance of notice - Notice and summons not served and period for drawing presumption of service was also not over by the date of passing order -..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Power U.O.12.R.6 CPC is discretionary and cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for mandatory and permanent injunction - Plaintiff claimed that he is sole owner of suit property - Defence of defendant is that suit property is shared household and she has right to reside in the house - However, trial Court decreed the suit on basis of admission made by defendant in her..........
Civil Procedure Code, 1908, Order 1, Rule 10, Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Impleadment of husband/son - Suit for mandatory and permanent injunction filed by father-in-law against daughter-in-law - Plaintiff/father-in-law has not claimed any relief against son, thus he is not necessary party - But in view of fact that..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - There can be no applicability of principle of res judicata when orders of Criminal Courts are pitted against proceedings in civil Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Committee from interfering into possession of plaintiff over suit property - Petitioner is neither owner nor in possession of suit property - He cannot seek impleadment merely on basis that Municipal Committee not contesting suit properly - In case..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by law - When there is no definite averment in suit, which bars jurisdiction of civil Court, no relief can be granted to defendants by allowing application U.O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - It is trial and not institution of subsequent suit which is barred...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - For determining whether matter in issue in subsequent suit is directly and substantially in issue in the previously instituted suit, absolute identity of parties in both the suits is not a consideration - Mere fact that petitioner is not a party to the previously instituted suit does not exclude..........
