Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction - Amendment sought to seek relief of declaration and recovery of possession - Held, when a suit is filed initially for perpetual injunction, subsequent application for amendment seeking to convert suit into one for declaration of title is not maintainable...........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
Civil Procedure Code, 1908, Order 39, Rule 1(c) -- Temporary injunction - Plaintiff in possession under agreement of sale - Heavy amount paid to vendor on date of execution of agreement - Sale deed could not be executed due to failure of owner to obtain Income-tax Clearance certificate - Plaintiffs cannot be blamed for non payment of remaining amount - Prima facie they..........
Civil Procedure Code, 1908, Section 11 -- Previous suit by defendant for permanent injunction - Finding recorded in previous suit that defendant in possession of suit land not as a tenant but as a trespasser however plaintiff restrained from taking forcible possession except in due course of law - Relief restraining dispossession except in due course of law - Cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Violation of agreement - Agreement revoked - Whether an opportunity for rectifying the defect prior to revoking the agreement was afforded or not can only be considered when the suit is taken up for hearing and not at the stage for considering the prayer for interlocutory order of injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and injunction - At time of final hearing, amendment of plaint sought seeking additional relief of restoration of possession - Claim barred by limitation - Amendment allowed - Held, order of trial Court being discretionary cannot be disturbed - However, question of limitation is open..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraint order from interference with possession sought - Agreement denied by vendor - Vendor alleged possession of another vendee under registered sale deed - Plaintiff admittedly in possession - Plaintiff having prima facie case on raising a..........
Civil Procedure Code, 1908, Section 10 -- Trade mark - Both parties filed suit against each other relating to the use of same trade mark and got interim injunction at different Courts - Later suit stayed...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Passage/road berm - Long user - Adverse possession - Plaintiff having no right, title or interest in the suit property - Municipal Committee also failing to prove its ownership - User by plaintiff for 20 to 25 years - Long user will not clothe the plaintiff with any legal right either to own or possess the suit land..........
