Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and injunction - Injunction sought restraining defendants from alienating, encumbering or changing nature of suit property - Will in favour of defendant alleged to be illegal, null and void - Till the time it is proved that Will in dispute is not a genuine Will, presumption was..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plea that O.38.R.5 CPC does not empower Court to pass any order affecting rights of the parties - Plea held, not tenable - If purely on legal grounds, an application for attachment before judgment is dismissed at the inception, without issuing a notice to defendant, certainly it will be an order..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Petition falls completely short of standard set in O.38.R.5 CPC - Court not obliged to direct defendant either to furnish security or to show cause why he should not furnish security...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Validity of order of attachment is directly dependent on compliance of procedure envisaged U.O.38.R.5(1) CPC - Thus, meticulous compliance of essential conditions and observance of procedure are mandatory...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Forms in appendices have flexibility and cannot have any overriding effect on Sections and Rules in various Orders of CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has power to pass order of conditional attachment U.O.38.R.5(3) CPC if it was not passed alongside the direction issued U.O.38.R.5(1) CPC - Such an order can be passed at any stage of a suit as clearly stated in U.O.38.R.5(1) CPC...........
Civil Procedure Code, 1908, Order 38, Rule 6(2), 5(3) -- Attachment before judgment - O.38.R.6(2) CPC can have no application in a case where property specified in application or any portion of it has not been attached by invoking O.38.R.5(3) CPC...........
Civil Procedure Code, 1908, Order 38, Rule 6(2), 5(3) -- Attachment before judgment - Order to issue notice is equal to issuance of a direction U.O.38.R.5(1) CPC - This aspect will be clear if we read O.38.Rr.5(1), 5(4) together because without a direction U.O.38.R.5(1) CPC, any order passed U.O.38.R.5(3) shall be void...........
Civil Procedure Code, 1908, Order 38, Rule 6(2) -- Attachment before judgment - O.38.R.6(2) CPC is not intended to cover cases in which defendant successfully showed cause against attachment before judgment, in which no conditional attachment order U.O.38.R.5(3) CPC has been granted...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Grant of temporary injunction without notice - Opposite party always has remedy to move same Court by filing an appropriate application seeking its recalling/modification - Even when all parties have been heard, Court is still vested with power to change its order, provided either there is change of..........
