Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Recently constructed unauthorised wall in front of gate of house of plaintiff sought to be removed - Report of Advocate Commissioner that defendants constructed wall by way of obstruction to common passage being used by plaintiffs - Balance of convenience is in favour of plaintiffs as they..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for injunction against Municipality from interfering with possession of plaintiff - Third party claiming ownership and possession of suit property seeking to be impleaded as defendant - Held, applicant is neither a necessary nor proper party - In a suit for injunction against Municipality third..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 3 -- Temporary mandatory injunction - Without notice to the other party - Can be granted in appropriate cases i.e. where mandatory injunction if not granted will cause grave injustice...........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default of application U.O.21.R.90 - Appeal against - Applicant cannot file an appeal since, a dismissal in default is not a decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Departmental enquiry - Sought to be stayed - Criminal case and departmental enquiry on same facts - In case the departmental enquiry is not stayed, it would cause prejudice to the defence not only in the criminal case but also in the disciplinary proceedings and thus it will result in violation of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Grant of injunction with imposing certain conditions - Order is appealable...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Opponent Counsel - Examination as a witness - If Court after enquiry finds that examination of an Advocate as a witness is indispensable, it can be allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff claiming to be in possession and alleging wrong entries in revenue record - In such a case of dispute as to who is in possession of the property, there is nothing wrong in relying upon the report of the Local Commissioner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 1 -- Possession - Sworn affidavit that Khasra Girdawaris do not reflect the correct picture and that they would make each and every endeavour to get the wrong rectified in the revenue record - Held, trial Court rightly relied upon the affidavit - It is true that affidavit does not..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Carpenter earning daily wages - Comes under the classification `labourer' - Entitled to benefit of exemption under S.60(1)(c) - Fact that he has been working for some time does not alter his status...........
