Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Plaintiff not entitled to withdraw suit as a matter of course at any time after decree passed by trial Court - Once decree passed by trial Court certain rights vested in party in whose favour suit decided - Words "at any time" in Order 23 Rule 1 apply to suit pending in trial Court -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction to prevent proposed alienation (not for benefit of family or for any legal necessity) - Cannot be granted - No right in a coparcener to maintain a suit for permanent injunction restraining manager or karta from alienating coparcenary property - Coparcener has right only to challenge alienation of..........
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 3, 5, 9 - - Appeal against order of trial Court dismissing suit as having abated - Maintainable - Order of trial Court dismissing application of legal representatives of deceased and consequential dismissal of suit as abated - Falls under Order 22 Rule 9 - Appealable under Order 41..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Equitable relief - Party coming to Court must not come only with clean hands but if it seeks equity it must be prepared to do equity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from raising any construction over land in dispute declined by trial Court after directing defendants to furnish Surety bonds in sum specified giving undertaking that they would remove construction, if any, raised by them, at their own risk and costs without claiming any..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Application for impleading as a party in a suit for declaration and permanent injunction - If filed with ulterior motive and not a bona fide one - Liable to be dismissed on that ground alone - Once Court comes to the conclusion that application filed not a bona fide one, but filed at the instance of defendant who failed to..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Suit for permanent injunction on the allegation that plaintiff in possession of Shamilat Deh as no, occupancy tenant, plaintiff dispossessed during pendency of suit upon which relief of possession claimed - Objection that all members of proprietary body necessary parties and suit liable to be dismissed for failure to implead..........
Civil Procedure Code, 1908, Order 41, Rule 1, 3 -- Appeal duly entertained without production of certified copy of decree-sheet - Neither memorandum of appeal rejected nor returned under Order 4l Rule 3 - Appeal cannot be dismissed subsequently on the ground that at the time of presentation of appeal the same not accompanied with certified copy of decree under appeal,..........
Fatal Accidents Act, 1855, Section 1(a) -- Torts - Damages - Murder - Suit claiming compensation - Criminal Court disbelieved prosecution story and evidence of witnesses - Acquitted the accused persons - Same witnesses produced in Civil Suit - Accused persons cannot held responsible for causing death by the Civil Court relying on the same evidence - Suit dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Ad interim injunction restraining defendant from committing a breach in which plaintiff acquiesced or from doing business on premises for which let out or being carried on from very inception of transaction - Not permissible - Plaintiff debarred by provisions of clauses..........
