Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Petitioner filed an application for impleadment, as his easementary rights are being affected - However, easementary right is independent right and same are not a subject matter of suit - Therefore, in case petitioner want to pursue the same, they are always free to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - When in an application for judgment upon admission, admitted amount is under consideration by Court, if decree based on such admission includes interest component, interest part should also have been admitted - Otherwise, interest has to be awarded separately...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Principal sum admitted by defendant - However, interest part disputed by defendant - Interest has to be awarded separately - Plaintiff held, entitled to Rs.4 crores on admission together with 6% simple interest from date of decree...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Plaintiffs have established right over `C' scheduled pathway - Defendants on the other hand failed to establish any right over `C' schedule property - There is thus, an obligation on defendants not to invade or threaten right of plaintiffs over `C' scheduled way - Plaintiffs thus,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No claim made against defendant No.2 in the suit - Counsel of defendant No.2 failed to point out as to how he will be prejudiced by order of proceeding ex parte against him - Moreover, case is at the stage of arguments - By allowing application of defendant, case would have to be taken to..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Compromise - Suit decided on the basis of compromise and parties were to remain bound by the compromise - Order amounts to decree as dispute between parties is settled and inter se rights have been decided on basis thereof...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - O.14.R.2 CPC stipulates that when issues of both law and facts arise in the same suit, Court may dispose the suit by trying issue of law first - For this purpose, provision specifies two questions of law, which are : (i) jurisdiction of Court; and (ii) a bar to suit created by any law for the time being in force...........
Partnership Act, 1932, Section 69(2) -- Suit by unregistered firm - Suit by unregistered firm in respect of statutory right or a common law right is not barred u/s 69(2) of the Act. 1998(2) Apex Court Journal 526 (S.C.), 2000(1) Apex Court Journal 373 (S.C.), 2007(1) Apex Court Judgments 340 (S.C.) : 2007(1) Civil Court Cases 487 (S.C.) followed...........
