Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- In absence of a specific plea in the pleadings no amount of evidence can be looked into by Court...........
Civil Procedure Code, 1908, Order 10, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff- If the plaintiff withdraws from the suit, defendant can be allowed to prosecute the same by transposition as plaintiff provided the defendant has a substant of question to be decided against other defendants...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Concealment of fact of earlier litigation qua the same subject matter - Merely on this ground plaintiff is not entitled to the discretionary relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Documents filed in interlocutory proceedings - Court cannot go into truth or validity of entries in the documents filed in interlocutory proceedings - Contents of documents be considered as they are...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction -Plaintiff to prove that he is in possession - Plaintiff cannot rely upon the weakness and lacunae in the case of the defendant...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) -- Defendant seeking injunction against plaintiff - When plaintiff threatens to dispossess the defendant or otherwise cause injury to him relating to any property in dispute in the suit -Provision of O.39.R.1(c) does not apply - However, Court can grant injunction in exercise of inherent powers...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Restraining Improvement Trust from demolishing construction - Construction raised in violation of sanctioned plan - Trial Court refused injunction on ground that plaintiff has no prima facie case - In appeal, order of trial Court set aside and injunction granted restraining defendant from demolishing..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Case not covered U.O.39.Rr.1, 2 - Trial Court can grant injunction in exercise of inherent powers...........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Necessary parties - Co-owners - One of several co-owners can recover possession from trespasser without impleading other co-owners - But for suit for declaration of title all co-owners are necessary parties and non-impleading of any one of them would be fatal defect which cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Person not coming to Court with clean hands - Not entitled to discretionary relief of injunction:..........
