Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Three basic ingredients for granting ad interim injunction, namely, i) a prima facie case, ii) balance of convenience and iii) causing of irreparable loss in case of denial of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once petitioner himself was signatory to mutual settlement, he could not be permitted to turn around and say that said document cannot be read into evidence for purpose of granting ad interim injunction in their favour - Correctness of said agreement and also denial thereof by petitioner would be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of affidavit - Affidavit is not pleading within definition of O.6.R.1 CPC - Amendment of affidavit is not permissible - However, petitioner is entitled to file an appropriate affidavit or additional affidavit after obtaining leave of Court...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellate Court - Has to state the reasons for the decision - Absence of analysis not only evinces no, application of mind but mummifies the core spirit of judgment - In the instant case, High Court while affirming the judgment of trial Court, has really not ascribed any reason - There has been no analysis of..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularities and infirmities - Applicant has to satisfy Court that he has suffered substantial injuries by such lacunae in the procedure, and Court is also required to record its satisfaction that applicant has sustained substantial injuries on account of such irregularities or lapses...........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Deposit of 25% of purchase money - Payment by cheque - No irregularity, much less irregularity - Entire proceedings cannot be set at naught...........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fees - Partition suit - Scope of enquiry U.O.7.Rr.11(b), (c) CPC, was only to see whether relief of partition was undervalued and if properly valued, whether Court fees paid thereon was sufficient - Trial Court therefore, completely misdirected itself in opening up the question as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party during final decree proceedings - Application is maintainable, as Court is well within its powers to amend preliminary decree or pass a second preliminary decree at the instance of party who got impleaded in final decree petition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Revisional jurisdiction - When applications for interim injunction and interim mandatory injunction are dismissed by trial Court and the said order is also confirmed by Appellate Court, revisional Court would not normally interfere with such orders - The jurisdiction of revisional..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Easementary right of passage - Two passages out of which one is of width of 2 yards located at a height of 2 fee without any vehicles capable of being going through the same - Plaintiff has to be taken to have established prima facie case - Balance of convenience is also in his favour as there are 11..........
