Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - At the instance of defendant - Defendant seeking temporary mandatory injunction against plaintiff for removing the wall by which lane (Gali) has been blocked and for removal of goods lying on the way - Concurrent finding of two Courts below that prima facie case is in favour of defendant -..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment sought for incorporating relief of mesne profits - Amendment in question cannot be said to be a subsequent event that plaintiff was not aware of at the time of filing suit - Suit is filed in the year 2007 and amendment application filed in 2014 - However, there..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Civil Procedure Code, 1908, Section 80(1) -- Notice u/s 80(1) CPC - Suit for prohibitory and mandatory injunction - Only Rasta of plaintiff was allegedly obstructed by defendant in the suit, thus, in such case service of notice u/s 80(1) CPC was not mandatory under law...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........
