Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Moves - Contract for release and exhibition of movie - Plaintiff, a proprietor of theatre, seeking recovery of dues from defendant a distributor - Theatre situated at place `K' - part of cause of action arose at place `K' - No cause of action took place at place `C' - Court at place `K' has jurisdiction even though..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit after remand by Appellate Court for a limited purpose - Plaintiff is not entitled to circumvent the remand order and get nullified the findings therein under the guise of instituting a fresh suit after withdrawing from the suit U.O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank is null and void - Mortgagee..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession on ground of purchase of land - Defendant claiming ownership over land - No material on record to show that vendor plaintiff had prima facie title over disputed land - In revenue record defendant recorded as owner - Refusal to grant injunction..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - If from version of the parties the probability as to possession is more towards plaintiff then Court should not hesitate to grant the relief, and reject it, if it is otherwise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - If plaintiff is able to prove his possession on the basis of his title upto a particular point of time then the same state of affairs deserves to be presumed in a forward direction - Such presumption must stop, if it meets a road block, in the form of a more assertive and evident proof..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 21 -- Execution - Provision of O.9.R.9 is not applicable to execution proceedings - Provision precludes plaintiff from bringing a fresh suit and not execution as in an execution the rights of parties already stand settled...........
Civil Procedure Code, 1908, Order 9, Rule 9, 13, Civil Procedure Code, 1908, Section , Order 21, Rule 10 -- Execution application dismissed in default - Not restored - Fresh execution application filed - Bar under O9 R9 precludes plaintiff from filing fresh suit - Provision of O9 R9 and R13 are not applicable to execution of decree when the rights of parties stands..........
Specific Relief Act, 1963, Section 34 -- Permanent injunction - Plaintiff recorded in possession in jamabandi from 1971-72 to 1996-97 - Defendants reflected in possession in khasra girdawari for Kharif 1995 to Rabi 2000 - Reliance cannot be placed on entries in khasra girdawari - Entries in jamabandi carry presumption of correctness - Plaintiff in established possession,..........
