Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3(a) -- Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable unless and until plaintiff complied with the previous order - Impugned order set aside - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition filed in the Court within whose..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Order refusing to condone delay in filing first appeal and dismissal of appeal by First Appellate Court - Amounts to decree and second appeal from such decree will lie u/s 100 CPC...........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Based on promissory note - Legal notice issued to drawer upon failure to repay money - Drawer denied execution by stating that he was working elsewhere and has no sufficient means - Attestor and scribe confirm execution of promissory note and passing of consideration - No reply was given by drawer..........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Lis cannot be successively brought back to life merely because litigant has right to file recalling application seeking restoration of his/her lis after each dismissal...........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Non-representation by advocate - In the instant case, advocate remained absent on one of the date due to dental pain and serious illness - However, there is no explanation given for no, representation on earlier dates - Even, it is evident that appellant is taking recourse of unacceptable tactics solely in..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Plea of adverse possession in subsequent suit on the basis of same sale deed - Barred by res-judicata as competent civil Court has already heard and decided the issue and same has reached finality...........
Civil Procedure Code, 1908, Order 8, Rule 10, 5 -- Non fling of written statement - Judgment not to be passed invariably in all cases - Rule 10 has to be read alongwith rule 5 - Court is bound to follow the requirements which constitute rule 5 while rendering a judgment or pronouncing a judgment U.O.8.R.10 CPC - Court is expected to exercise its discretion while..........
