Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error has to be self evident and is not to be found out by a process of reasoning...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application be disposed of as expeditiously as possible...........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
Civil Procedure Code, 1908, Section 11 -- Explanation IV - Constructive res judicata - Execution proceedings - No objection filed as to executability of decree before passing of order U.O.21.R.23 CPC - Objection filed subsequently deemed to be barred by principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........
Suits Valuation Act, 1887 -- Auction sale - Execution for delivery of possession dismissed in default - Thereafter suit for declaration of title and possession filed - Held, suit is not barred u/s 47 CPC even after dismissal of application for possession in default or on ground of limitation - Auction purchaser can filed suit for declaration and possession within twelve..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Part cross examination done - Non appearance of defendant for his further cross examination - Trial Court cannot dispose of suit by taking into consideration evidence of plaintiff alone without considering evidence of DW1 which is on record - It is contrary to provision of O.17.R.2 CPC - Thus, impugned judgment and decree is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Cannot be granted without discussing the essential elements of prima facie case, balance of convenience and irreparable injury...........
