Civil Procedure Code, 1908, Section 148A -- Caveat - Ad interim injunction granted without affording an opportunity of hearing to the caveator due to negligence on the part of Court officials as caveat was not reported - Order is liable to be recalled and caveator is entitled to be restored to the position of hearing of application afresh, on the principle that an act of..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 4 -- Vacation of ad interim injunction - Court while considering application for vacation of order of temporary injunction U.O.39.R.4 CPC or any other provision, cannot ignore mandate of S.148-A CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit property was purchased by petitioner even prior to filing of suit - Plaintiff has sought relief of permanent and mandatory injunction against owner of disputed property - Suit cannot be decided without impleading petitioner who is owner of property in dispute on the date of filing of suit before..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant officials from carving out a water course over suit property - Trial Court concluded that Water course in question is running at the spot for more than 20 years prior to filing of suit - Water course was carved out at the request/demand of persons whose land was situated there - Even,..........
Agreement to sell -- Specific performance - Delay and latches - Defendant cancelled the agreement by sending notice which was duly received by plaintiff - Though plaintiff kept on replying to notices sent by defendants, but he did not take any positive step in order to get agreement to sell enforced - Even, defendant filed a suit for permanent injunction in which..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - If matter involves complicated questions of fact and law relating to title, Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - Court may decide issue regarding title even in a suit for injunction, if there are necessary pleadings regarding title and appropriate issues relating to title on which parties lead evidence, if matter involved is simple and straightforward - However, such cases are exception to the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Suit for injunction and suit for partition filed in two different Courts - Outcome of one suit to impact the other suit - There is possibility of conflicting findings - In the interest of justice one suit transferred to the Court where another suit is pending...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit property was gifted in favour of plaintiff - It is not necessary to decide the validity of gift deed - Suit for injunction has to be considered on the strength of established possession of plaintiff over the suit property and the building thereon...........
