Civil Procedure Code, 1908, Order 1, Rule 8 -- Scope - There are no words in the Rule to limit its scope to any particular category of suits or to exclude a suit in regard to a claim for money or for injunction...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Demand of additional amount by Housing Board - Suit for permanent injunction in a representative capacity - Maintainability of suit - persons who may be represented in a suit under Order 1 Rule 8 need not have the same cause of action - What is required is that in a litigation all the persons have a similar or common interest..........
Civil Procedure code, 1908, Order 1, Rule 8 -- Representative suit for injunction-Maintainability-Suit filed for restraining Housing Board from demanding & collecting from allottees any additional amount for settlement of lands with buildings in a particular colony-Such suit is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Conduct of defendant to delay the proceedings - However one final opportunity granted to file the written statement on the condition of depositing the sum of rupees two lakhs...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction can be granted against a person who is not a party to the suit in exercise of inherent jurisdiction of the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant raising construction on the passage the only means of egress & ingress to the plaintiff's plot - Injunction restraining defendant from raising any construction over granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Peepal tree more than 100 years old - Worshipped by residents of the village - Its cutting will hurt the feelings of the residents - Gram Panchayat auctioning the same - Plaintiff willing to deposit the amount for which the peepal tree was being auctioned - Order granting injunction restraining the Gram Panchayat from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Oral agreement that whenever defendant intends to sell her property she will sell to plaintiff only - Temporary injunction restraining defendant from selling property to anyone else except the plaintiff - Plaint totally silent about the date, time and place of agreement - Plaintiff at the best a prospective vendee..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction- Court having no jurisdiction-Order accepting or rejecting application cannot be passed...........
Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Order of returning plaint- Order is appealable...........
