Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Person in possession can protect his possession by seeking injunction against any other person but not against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in peaceful possession - Defendant father of plaintiff owner of entire house - Plaintiff produced no documents showing that nature of property is Joint Hindu Family Property or that he is a co-sharer in any manner - Status of plaintiff cannot be more than a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Consent eviction decree - Challenged as being obtained by fraud by putting an imposter - Plaintiff not to be dispossessed during pendency of suit...........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed -..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file written statement within time - Provision is mandatory but only admit of rare exceptions exhibiting either failure of justice or extraordinary factual circumstances which may be out of control of the party concerned and which may justify the extension of time in filing of written statement...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Deposing on behalf of the principal - If power of attorney holder has rendered some `acts' in pursuance to power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for the acts done by the principal and not by him and in respect of matter..........
Civil Procedure Code, 1908, Section 47, Order 3, Rule 1, 2 -- Co-owner - Claiming his share in residential property, exempt from sale - Ownership of property - By an order burden to prove ownership shifted upon the owner - Ownership cannot be proved by power of attorney holder - Owner not entering in witness box - Held, owner has failed to establish that on the date of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from interfering in joint use of electric motor connection - In revenue record plaintiff shown to be owner in possession where electric motor is installed - Held, grant of injunction restraining other co-owners from interfering with the joint use of electric motor connection is..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Successive applications - Not barred if same are otherwise maintainable in law...........
