Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Representative suit - Provision of notice is mandatory and must be substantially fulfilled before a decree can be allowed to stand or passed under it - Notice not issued to all persons interested in the suit - Subsequent orders having been passed upon agreement and compromise..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police help - Court is not precluded from issuing direction to police for enforcement of order of temporary injunction at the instance of party apprehending disobedience of that order - Held, remedy provided under Rule 2(a) of O.39 is not exhaustive and Court can pass appropriate..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to lead evidence - Shifts to defendant when defendant admits the main allegations made by the plaintiff. (Evidence Act, 1872, S.102) '..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not party to proceedings u/s 145 Cr.P.C. but dispossessed by reason of order under that Section - Order in said proceeding not binding on plaintiff - Plaintiff can espouse and establish his cause in suit despite order u/s 145 Cr.P.C. - Injunction can be granted when suit property is..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- If a part of the claim in a suit is dismissed for want of jurisdiction or struck off U.O.6.R.16, leave of Court is not required to file a fresh suit in the Court of proper jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 8(b) -- Representative suit - Suit against RSS represented by its Manager, President and a member - All the three defended the suit - Absence of leave of Court - Held, in the instant case O.1.R.8(b) applies as the President of the Sangh, the Manager of the Sangh and a member have duly represented the Sangh and defended the suit for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Settled possession - Party must show in what capacity he came into possession of property - Whether as tenant or as licensee or adverse possession - Relief to be refused when party failing to prove his possession and his legal right...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Granting or refusing to grant is purely at discretion of trial Court - Appellate Court not to interfere with order of trial Court unless order is shown to be perverse...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court must assess the quantum of compensation payable by plaintiff to other party in case ultimately it is found that suit was without merit. 1995(2) Civil Court Cases 258 (S.C.) followed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Sale of property during pendency of suit -Purchaser cannot be impleaded as party as he is not a necessary party to the suit...........
