Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of temporary injunction restraining the Decree Holder from executing the decree - Since initial presumption of prima facie title in favour of the Decree holder, it would not be proper for the Court to grant a temporary injunction ex-parte without giving the decree-holder an opportunity of being heard unless there are..........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Company in liquidation - Suit should be instituted in the name and on behalf of the company and not in the liquidator...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- A court, cannot under the law make out a new case not pleaded by the Party...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 7, Rule 1, 11 -- Issue with regard to court - fee and jurisdictio, Preliminary issue - Goes to the jurisdiction of Court to try the suit - Must be tried before recording evidence on other issues - Duty of Court to see whether suit properly valued for purposes of court - fee and proper court -..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Injunction in favour of one of the parties - Appointment of receiver not prohibited - Receiver can be appointed at any time not only on the application of a party to the suit but also of one who is not a party to the suit but interested in the preservation of the property...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Suit fixed for arguments - Application should not be dismissed as filed at a late stage if good reasons assigned the application should be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Parties - Claim under Motor Vehicles Act - Financier of truck and driver - Not necessary parties - Where a claim for compensation is made against the owner of the truck which had dashed against a buffalow cart from behind on a road neither the driver nor the financier company was necessary party and the claim was not bad on..........
Civil Procedure Code, 1908, Order 19, Rule 1 -- Affidavit not properly verified - No affidavit in the eye of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Prima facie discussion of documents and affidavits is a must and mere reference vitiates the order...........
Civil Procedure Code, 1908, Order 39, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1 - - Ad-interim injunction After hearing parties suit adjourned for hearing on merits - Direction to both the parties to maintain status quo-order not under order 39 rule 1 and not appealable...........
