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, Section 100 -- Second appeal - Suit for permanent injunction - Plea that concurrent findings of two Courts below is beyond pleadings - Concurrent findings of two Courts holding plaintiff in possession of suit property - Dispute between parties duly covered by issues framed by trial Court - Parties went to trial Court knowing fully the case they..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings regarding possession and user which was passed on oral evidence of parties are pure findings of fact - Said findings cannot be interfered in exercise of powers u/s 100 CPC - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs may have an arguable case in their favour but balance of convenience is certainly not in their favour - They also failed to show that they would suffer irreparable loss and injury in case of refusal of grant of temporary injunction - Moreover, plaintiffs concealed the fact that they along..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is recorded tenure holder in possession of disputed property - Defendant has failed to prove that disputed land was acquired by him - Defendant has further admitted possession of plaintiff on disputed property - Appellate Court rightly held that plaintiff is owner of..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 10, Specific Relief Act, 1963, Section 34 -- Surplus land - Suit for declaration and permanent injunction - Possession of land was taken by authority by conducting panchnama for which plaintiff is a signatory - Land was allotted to BDA and same was utilized for public purpose - Belated attempt was made by plaintiff by..........
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 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title and permanent injunction - No formal defect found in the suit - Plea of plaintiff that his predecessors in title had exchanged their properties in lieu of suit properties - However, when plaintiff knows that he filed application at fag end of trial, he should have given..........
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..........
