Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Ad interim injunction - Implementation - Police protection - Application be dealt with expeditiously and should not be adjourned to longer dates - In case an application for vacating ad interim injunction is pending then both the applications be disposed of simultaneously...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Production of Audio CD - Such requests should normally be discouraged especially when plea is not taken at the outset unless compelling reasons are found by Court and interest of justice so demand - Moreover, it is not the case that conversation was recoded after closing of evidence - Alleged conversation was..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - No sufficient cause shown for absence of defendant and his counsel - Decree rightly not set aside...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2) -- Impleading of a party - Impleadment sought on the basis of Will which on the material facts found to be forged - No justification to add the applicant as a party to the suit and as in case he has any grievance he has remedy to file suit for said purpose - Lastly suit was filed in the year 1980 whereas..........
Civil Procedure Code, 1908, Section 151 -- Ambiguity in decree or supervening factors making execution of decree inexecutable - Plaintiff or defendant is free to approach Court for appropriate clarification/directions in the event of any ambiguity or supervening factors making the execution of the decree inexecutable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim Injunction - Co-sharer cannot legally be permitted to raise construction, which changes the nature of property detrimental to the interest of other co-sharer, unless the matter is finally decided by the concerned court - Parties are directed to maintain status-quo with regard to existing position of..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Withdrawal of suit - Recall of order - Court can invoke its inherent powers u/s 151 CPC and can set aside the order permitting withdrawal of suit if it is proved that the party had not given any instructions to his counsel to withdraw the suit or that there was no such settlement out of Court and that the party..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police protection - Ad interim injunction granted - Police protection granted by trial Court but upset by Appellate Court on the ground that suit property is not identified by specific measurement - However, there are specific measurements and suit property is duly identified in the pleadings - Plaintiff is..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Merely because the transfer during pendency of suit is hit by principle of lis pendens incorporated u/s 52 of T.P.Act that cannot operate as bar for court to exercise power U.O.1.R.10(2) CPC to permit subsequent purchaser for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from alienating the suit land in any manner during pendency of suit - Plaintiffs are bona fide allottees of plots by the gram panchayat, in lieu of government scheme, being poor persons and members of scheduled caste community - Defendants were never declared..........
