Civil Procedure Code, 1908, Section 115, Order 22, Rule 1 -- Exparte eviction decree - Revision - Death of one of the landlords during pendency - L.R's not substituted - Right survives to other co-owners on record - Revision would not abate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Permitted long user - Doctrine of acquiescence and honest and concurrent user attracted - Prima facie case and balance of convenience not in favour of applicant - Interim injunction cannot be granted...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Court granting injunction - Court lateron finding that it has no jurisdiction to entertain the suit - Court can vacate interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining a co-sharer from selling property - Injunction granted...........
Civil Procedure Code, 1908, Order 30, Rule 1, 10 -- Suit for recovery - Filed by partnership firm - No averment in plaint showing how the firm was entitled to recover the alleged amount - On the other hand, plaint allegations showing that cause of action arose not to firm - Suit is not maintainable...........
Civil Procedure Code, 1908, Order 30, Rule 1 -- Suit by partnership firm - Can be filed only when cause of action arose during continuation of partnership - If cause of action arises after dissolution of partnership firm then suit cannot be filed by firm...........
Evidence Act, 1872, Section 135, 137, 138, Civil Procedure Code, 1908, Order 18, Rule 2, 1 -- Some of the defendants supporting the case of plaintiff - They will lead their evidence immediately after completion of the evidence of the plaintiff because the supporting defendants are not, in true sense, the other party that is the adverse party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - co-sharer in exclusive possession cannot be permitted to raise construction on the land in his possession till partition takes place by meets and bounds...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Party raising plea but not pressing for framing an issue - Amounts to abandonment of that plea - Whenever a party raises a plea and does not have the issue raised in regard and goes to trial and have the matter decided without having an issue raised on the plea, the party must be deemed to have given up such a plea...........
Civil Procedure Code, 1908, Order 33, Rule 1(a) -- Indigent person - Wife not in possession of any immovable property - Husband a businessman having sufficient income - Income of husband cannot be taken as a ground to disallow the appeal of wife filed as an indigent person...........
