Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiff himself admitted that respondent is original owner of property which is now occupied and purchased by plaintiff from third party only to the extent of 3500 sq ft of property - Remaining 3000 sq ft is situated on northern side of plaintiff's property and..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Allotment of plot - Petitioner is residing nearby areas which is sought to be allotted to plaintiff - There is road between the house of petitioner and the plot in question - Therefore, there is no question of any obstruction of ventilation and light in the house of petitioner - Moreover,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application - It is appeal and not revision which is maintainable - However, if an order allowing such an application is passed, the same is not appealable...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue - Once both the parties have led evidence, fully conscious of other's case, mere non-framing of relevant issue or a wrong framing of it, would not affect the validity of finding returned...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - A person who is only indirectly or remotely interested is not a necessary party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Criminal Procedure Code, 1973, Section 190(1) -- Protest petition - Cannot be entertained after taking cognizance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - Protection afforded u/s 60(1)(ccc) CPC shall not extend to any property specifically charged with debt sought to be recovered...........