Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Parties are already before Court of competent jurisdiction claiming partition of suit property - Injunction granted by appellate Court with respect to maintenance of status quo regarding construction cannot be sustained and thus, set aside - However, restraint against defendant no.1 qua..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - Cause of action - Recovery suit for money - Contract for hiring the machinery was offered by plaintiff from place `N', its acceptance and fact that cheques were encashed through plaintiff's banker at place `N', would itself amount to part of cause of action arising at place `N' within jurisdiction of trial..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant though admitted the documents of plaintiff but raised an objection regarding jurisdiction - Factory of plaintiff was situated in Pali District and supply of goods made through said factory to defendant - No objection taken by defendant regarding the same - Invoices and bills..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person - Executing Court has jurisdiction u/s 47 CPC to take cognizance of undisputed fact that on the date of decree, suit was no more as it stood abated by operation of law...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - Civil Court is prohibited from entertaining any suit to vary or set aside any decision or order of Consolidation Court passed under the Act in respect of the matter for which proceedings could..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for possession by way of ejectment - Jurisdiction of civil Court is not ousted if a landlord tenant relationship is disputed - Tenants estopped from claiming that they are entitled to protection u/s 77 of Punjab Tenancy Act...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Institution of suit at place where defendant resides or cause of action arises - Provision of S.20 CPC is a residuary provision only which is applicable to cases beyond those in Ss.15 to 19 CPC...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Immovable property - Suit for determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
