Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dispossession during pendency of suit - Suit for cancellation of sale deed and injunction - Suit filed in 1982 and dispossession alleged to be in 1983 and amendment claiming relief of possession sought in 1996 - Amendment sought highly belated - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - By amendment sought to be converted to a suit for possession - Plaintiff was well aware of the facts which are sought to be incorporated in the plaint by way of amendment - Amendment will completely change the nature of suit from mandatory injunction to that of possession -..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Tubewell Connection released under Tatkal scheme - Entire cost of releasing the connection including transformer borne by consumer - Replacement & maintenance of transformer also liability of consumer -Suit for Permanent Injunction restraining HVPN for releasing the electricity connection to the Defendent from tubewell..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Declaration and permanent injunction suit - Dismissed for default - Restoration application moved - Dismissed - No malafide intentions attributed to the plaintiff - Order of dismissal of application not proper - Ordered to be set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit barred by O.2.R.2 CPC - Temporary injunction cannot be granted - Suit for specific performance - Suit property sold to third party during pendency of suit for injunction - Restraining third party from changing nature of suit property and from raising any construction - Suit..........
Civil Procedure Code, 1908, Section 80 -- Notification regarding charging of external development area fee - Challenged by way of writ petition - Separate permanent injunction suit seeking stay regarding charging of same - Filed without service of notice - Dispensing with application also filed - Relief competent in writ also - No urgency involved - Application for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Self financing scheme - Escalation in price - In a self financing scheme, pricing is generally based on cost of construction unlike sale of houses after they are completed, in which cases pricing is generally market related - In the instant case estimated cost of a showroom and departmental store..........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Second review - Agreement to sell - Initially suit for injunction filed - By amendment of plaint relief of specific performance allowed - As plaint was beyond pecuniary jurisdiction of Court the same was ordered to be returned and presented in Court of competent jurisdiction within two months - Plaintiff kept quite for seven..........
