Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit against a dead person - Suit is a `nullity' - As suit suffers from a formal defect permission to be granted in case suit is sought to be withdrawn with liberty to file a fresh suit regarding the same subject matter against the L.R's of the party who was dead before institution of suit...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Plaint - To be read as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1 -- Relief not directly or specifically claimed in the relief portion of the plaint - Can still be granted - Plaint to be read as a whole and the actual relief sought i.e. prayer in the paint should be culled out from the averments in the plaint, and relief can be granted if there is..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for declaration of ownership and permanent injunction - Issue of ownership - Cannot be framed unless proper valuation of suit is made and proper Court fee is paid...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order is appealable - Choice is for party affected by the order either to move appellate Court or to approach same Court which passed ex parte order for any relief...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Exparte interim injunction - Writ petition against such order - Held, Writ Court should direct party to avail himself of remedies available under Code of Civil Procedure before he resorts to Constitutional remedy...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of temporary injunction - Can be executed with help of police when plaintiff is dispossessed from suit land inspite of ad interim injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from disturbing the possession of plaintiff - Enforcement - Police help - Direction to police to ensure compliance of order - Order of trial Court upheld...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Subsequent filing of fresh suit - Not barred if subsequent suit is based on a different cause of action though in respect of same property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Mortgagee - Is entitled to injunction from being forcibly dispossessed unless it is proved that the mortgage was properly redeemed - Self made evidence of mortgagor not corroborated by any other evidence is not sufficient to prove the redemption - No prejudice is likely to be caused to mortgagor if..........
