Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No limitation on discretion of Court as envisaged in various clauses of Section 41 Specific Relief Act - Not permissible for Court to grant ad interim injunction by way of temporary relief pending disposal of suit if grant of perpetual injunction as claimed in suit barred by provisions of Section 41..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be issued against a statutory authority performing its statutory functions - Contrary to spirit of Section 31 Specific Relief Act to grant injunction to restrain a statutory authority to stop obeying mandate of law which created it - Injunction cannot be granted to restrain any person from..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a proper party at any stage of proceedings - Does not involve per se any question of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Sub-rule (2) of Rule 10 of Order 1 empowers Court at any stage of proceedings to add as a party any person who ought to have been joined as a party - Question whether suit within time or not against newly added defendants - Should be gone into at the time of final decision of suit..........
Court Fees, Section 7(iv)(c), Article 1 - - Main prayer in suit that gift-deed illegal, void and as the result of fraud and misrepresentation - Suit in substance for cancellation of gift-deed or alternatively for declaring gift-deed void - Not a suit for mere declaration with consequential relief - Not covered under Section 7(iv)(c) - Governed by Article 1 of Schedule I...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining defendants from interfering in possession of plaintiff over suit land and from dispossessing him except in due course of law - Khasra Girdawari for Rabi show plaintiff to be tenant under defendants on payment of Rs. 1400/- per acre per year - No notice of..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 1, 10, 13 -- Objection in written statement that suit liable to be dismissed because of no, impleading of State a necessary party - Application under Order 23 Rule 1 for withdrawing suit with permission to file a fresh one-Allowed since State a necessary party and suit against State..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 1, 10, 13 -- Non-impleading of necessary party in a suit - Does not result in any formal defect...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Not a strict rule that a person cannot be added as a defendant against wishes of plaintiff - A person if likely to be affected by the result of suit - Becomes a proper party - Should be allowed to be added - Application for being impleaded as a party (in a suit for permanent injunction restraining Municipal Committee from..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 47, Rule 1 - - Order 20 Rule 14 imposes obligations on both sides, performance by one conditional on performance by the other - Obligations reciprocal and interlinked and cannot be separated - Defendant vendee if obtains stay order and relieved of obligation to deliver possession of properties..........
