Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to make out a prima facie case for grant of temporary injunction restraining defendants from carrying out construction work in the suit property and from selling, disposing or creating any third party interest in suit property - It is also not the case where irreparable harm and..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim injunction - Purpose of O.39.R.2-A CPC is not punitive to impose penalty for default but to implement interlocutory order - Since there is no loss and injury which has come across to any party before Court or pointed out during the course of arguments, impugned order of dismissing application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Petitioner filed an application for impleadment, as his easementary rights are being affected - However, easementary right is independent right and same are not a subject matter of suit - Therefore, in case petitioner want to pursue the same, they are always free to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application U.O.39.Rr.1, 2 CPC refused on the ground that third party in whose favour registered agreement to sell has been executed not joined - However, since new purchaser has been joined in as party before trial Court, Trial Court directed to hear the injunction application afresh...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition and injunction - Petitioner having possession cannot intermeddle in the suit for partition - Moreover petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Suit for permanent injunction - Plaintiff pleaded possession since the time of his ancestors - Not necessary for plaintiff to impleaded father as a co-plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Against a proposed defendant during pendency of application for impleading him as a party - No injunction can be granted against them without impleading them as defendants and thereafter without giving them an opportunity of being heard...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for declaration and injunction - Defendant during pendency of suit entered into agreement to sell with petitioner and received an advance amount of Rs.5 lakhs - Right of petitioner is subservient to rights of defendant in the suit and subject to any adjudication and decision to be made in the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Applicants have placed before trial Court enough material to show their prima facie right over subject land - Fact as to whether newly arrayed defendants are having title or any right over property is to be determined by trial Court on basis of rival pleadings and evidence to be led..........
