Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Where plaintiff wants to withdraw suit and institute a fresh suit on same subject matter, he has to seek and obtain permission from Court...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - In order to constitute a ground for making an application for withdrawing from suit with liberty to file fresh suit on same subject matter, it is not sufficient to show that there is some formal defect in the suit but it is also necessary to show that suit would fail on account of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit - Sufficient ground - There is no requirement that `sufficient ground' pleaded by plaintiff from seeking permission to withdraw suit with liberty to institute fresh suit shall be analogous to a formal defect...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - `Formal defect' is a defect of form prescribed by rules of procedure such as want of notice u/s 80 CPC, improper valuation of suit, insufficient Court fee, confusion regarding identification of suit property, misjoinder of parties, failure to disclose a cause of action etc...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - At appellate stage - Plaintiff has no absolute right at appellate stage to withdraw from suit - Application made at appellate stage to withdraw suit cannot be allowed by Court if granting such permission would have effect of depriving or destroying or nullifying or annulling any right which has come..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - Parties in possession of their respective shares - However, property not partitioned by metes and bounds - Suit for partition filed by plaintiff after renovation started by defendant - Defendant gave an undertaking that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession as on date of institution of suit - Plaintiff not entitled to relief of interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of party seeking injunction is of utmost importance besides other basic principles namely prima facie case, balance of convenience and irreparable injuries...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Person seeking injunction must approach Court with clean hands - He who seeks equity must do equity...........
