Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendants from selling, transferring or alienating suit land till further orders - Prima facie case, irreparable injury and balance of convenience in favour of the plaintiff - Plaintiff however burdened with the condition of depositing an amount of Rs.20..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Subject matter of the litigation is the house in question whereof partition in equal shares has been sought by the plaintiff - Applicant is a necessary party to the suit, he being one of the members of the said HUF with whose funds the said house is alleged to have been purchased in the joint name of..........
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5(5) -- Money decree - Appeal against - Compliance with O.41.R.1(3) as to depositing decretal amount or furnishing security before filing appeal - Not a condition precedent...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Ground that judgment sought to be reviewed was overruled subsequently in another case - Not a tenable ground - Review petition dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Perpetual injunction - Enforcement - Condition precedent - It must be established that party against whom decree stands, had wilfully disobeyed decree inspite of having opportunity of obeying it - Without a clear finding on this issue, Court has no jurisdiction to pass order of attachment against J.D. - Order of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment of Receiver of property by Court - Property does not vest in Receiver unless possession is taken - Even if possession is not taken the defendant would be prohibited from dealing with property but insofar as third parties are concerned until possession is taken they are free to move against the property..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim orders passed during pendency of lis - Remain operative only until disposal of case - Subject to its final result - Constitution of India, Article 226...........
Civil Procedure Code, 1908, Section 91(1)(b) -- Suit required to be instituted by obtaining leave of Court - Law enjoins a duty on the Court that such power should be exercised judiciously and not in an arbitrary manner - Court is required to pass a reasoned order so as to disclose why permission has been granted to institute such suit...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Cannot be equated with appellate jurisdiction - The scope of review is quite limited as well as well defined...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - 76(1993) C.L.T. 692 followed wherein held that in order that an error may be a ground for review, it must be one apparent on the face of record and an evident error not requiring any extraneous matter to show its incorrectness - The error may be of fact or of law but the error of law must be definite and does not..........
