Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - However, cursory reading of judgments of trial Court and First Appellate Court shows that second appeal involves substantial question(s) of law and therefore second appeal should have been admitted for final hearing by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application cannot be dismissed by holding that suit is not maintainable in the absence of an application filed U.O.7.Rr.10, 11 CPC - No such prayer could be appreciated and that too in the application U.O.39.Rr.1,2 CPC - Impugned order set aside...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific pleading - When not specifically denied by defendant, it is deemed to have been admitted...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Preservation of suit property till disposal of suit - Direction to defendant no.2 - Partition suit - Defendant no.2 had expired - However, no steps taken by plaintiff to bring on record LRs of deceased defendant - Trial Court decided the application U.O.39.R.7 CPC without considering the fact that order U.O.39.Rr.1, 2 CPC is..........
Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed with energisation of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event defendant/Electricity Board is permitted to proceed with the energisation of Electricity sub-station - However, in the event plaintiffs are able to..........
