Specific Relief Act, 1963, Section 36, 37 -- Temporary injunction - Grant of - Question as to existence of concluded contract - If Plaintiff pleading existence of concluded contract, leaving an executed document as a mere formality, the onus lay on the Plaintiff to demonstrate that the parties were ad idem having discharged their obligations - Failure of Plaintiff in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Specific Relief Act, 1963, Section 37 -- Injunction - Public street - Onus to prove that a public street indeed exist at the spot and was being used as such is upon plaintiff, which he failed to discharge for lack of cogent evidence - Alleged street was left and brick paved by Gram Panchayat as per plaintiff - However, no evidence led in respect of his claim - Mere opening..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for declaration and injunction - Defendants not admitted the case of plaintiff in toto - Pleadings disputed by defendants by filing written statement and additional written statement - Ingredients of O.18.R.1 CPC not satisfied - Plaintiffs have to discharge burden of proof of facts alleged in the plaint..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Public property - Plaintiff cannot seek injunction against public land...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Public property - Possession of public property by any individual or group of individuals is no possession in the eyes of law and such group of persons cannot claim any right over such public property - Entry of plaintiff in suit property is by way of illegal means - Plaintiff would be treated to be a rank..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Non-impleadment of LRs of deceased plaintiff No.3 - Suit filed for bare injunction on the ground that plaintiffs are joint owners of property - Interest of plaintiff No.3 is therefore, sufficiently taken care by other plaintiffs and he is sufficiently represented by other plaintiffs - There is thus, no..........