Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of law and fact, which cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of copyright - Plaintiff sought temporary injunction against defendants from telecasting or exhibiting their web series by name `Singardaan' - Plaintiff writer and original author of story `Singardaan' which was published much before making defendant's web series - Defendant's work done..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Eviction - Ground of default in payment of rent - Institution of second suit after dismissal of first suit for eviction - Bar as to - Tenant admitting rent dues to owner and later rent accumulated pending first suit - Default in payment of rent dues..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Estoppel - Issue of estoppel cannot be considered as preliminary issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim prohibitory injunction - Plaintiff prima facie proved his title and possession over suit property - However, no material on record to show that defendant was ever in possession of plaint schedule property - Merely because plaintiff is working in Italy as a priest, it cannot be said that plaintiff is not having..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court lacking inherent jurisdiction or express or implied bar in entertaining suit - Civil Court cannot entertain suit - Suit may be disposed of on said preliminary issue only - In all other cases, suit must be decided on all issues...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Closure of plaintiffs evidence without deciding application U.O.11.Rr.12, 14 CPC is clearly erroneous - Moreover, closing of evidence has a completely disproportionate consequence of plaintiffs evidence not being led with right of plaintiffs to their property being severely jeopardized -..........
