Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte order granting temporary injunction - Refusal to extend - Validity of - Ex parte order granted - Suit for permanent injunction alongwith an application U.O.39.Rr.1 & 2 of CPC filed by petitioners - Court below granted ex-parte status quo order - Said status quo order was extended from time to time on various dates..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed, plaintiff will have to pay full..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Court should be cautious and extremely careful while granting ex parte ad interim injunction - Better course is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Defendant No.5 has been presumed to have been sufficiently served - Trial Court by an ex parte order restrained defendant Nos.1 to 4 from delivering possession of suit property to defendant Nos.5 and 6 - Appeal by defendant No.5 against said order - Distt. Judge held that service on defendant No.5 was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for granting any ad interim relief -..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken on basis of ex parte injunction order - Suit withdrawn subsequently - Plaintiff is liable to restore possession to defendant in view of S.144 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 3-A -- Ad interim injunction - Refusal to grant ex parte ad interim injunction - Appeal against - Not maintainable...........
