Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising illegal construction upon land of plaintiff - Construction of wall is already over and only finishing work remained - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-sharers - Eviction petition - Impleadment of other co-sharers of property - Co-sharers are not necessary parties in a suit for eviction filed by one co-sharer/landlord - Moreover, it is not the case of tenants that they are not tenants in the property and that they were not paying the rent to landlord -..........
Civil Procedure Code, 1908, Section 114, Order 47 -- Review - S.114 r/w O.47 CPC permits Court to look into any document, having a bearing on lis decided earlier, which was not on record because despite exercise of due diligence same could not be produced by a party - It would invariably reduce to an examination as to whether document has such intrinsic worth that if same..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Can be delivered only with the leave of Court and the party shall not deliver more than one set of interrogatories to the same party, without the order of Court...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories that are not related to matters in issue will be deemed irrelevant, even if such matters might be admissible on oral cross-examination of a witness - Court will not grant leave to deliver such interrogatories...........
Civil Procedure Code, 1908, Order 11, Rule 1, 11 -- Interrogatories - If opposite party omits to answer interrogatories or provides insufficient, vague, or evasive responses, applicant has two options : (i) He can apply to Court for leave to deliver a fresh set of interrogatories if it is helpful to pinpoint shortcomings in the reply; (ii) Second course open to him is to..........
Civil Procedure Code, 1908, Order 11, Rule 11 -- Interrogatories - When an application U.O.11.R.11 CPC is made alleging that opposite party omitted to answer interrogatories or answers given are insufficient, applicant is bound to specify the interrogatories or part of interrogatories to which the omission occurred or further answer is required - He should also state in a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiffs pleaded oral family arrangement - However, respondent who is one of legal heirs of deceased would submit that Family Arrangement Deed is a fraudulently created document - She is thus, a necessary and proper party in the suit - Unless respondent is impleaded as a party in..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties...........
