Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of possession, as plaintiff dispossessed during pendency of suit - Such amendment which is on account of development during pendency of suit, should not normally be declined - Delay of 1 year and 3 months also cannot..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, mandatory and permanent injunction - In the instant case, plaintiff sought injunction restraining defendants from changing use of land from cremation ground to any other purpose - Factum of cremation ground having been shifted long time back at distance place not denied - Even, no evidence has..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Suit is maintainable, where plaintiff's title is not in dispute or under a cloud and where there is merely an interference with plaintiff's lawful possession or threat of dispossession...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit for injunction - Appointment of Court Commissioner, even that of T.I.L.R., to submit factual report as regards possession or user of land, amounts to collection of evidence, hence, not permissible in law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad-interim mandatory injunction - Against defendants for unlocking suit premises - Plaintiff purchased suit property 6 months prior to institution of suit in auction conducted by Bank under SARFAESI Act - He is also in possession of suit property, constituted undisputed and uncontested status thereof -..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Touchstone upon which suit has to be decided is lawful possession and not ownership - Since defendant filed a separate suit against plaintiff for declaration of ownership of suit property and same is dismissed, there is no need to express any opinion on question of title and ownership of plaintiff - High Court..........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
