Civil Procedure Code, 1908, Section 20, Order 7, Rule 1 -- Plaint - Cause of action - Plaint shall mention as to when cause of action arose - A separate para need not be couched - It has to be ascertained by reading the plaint as a whole as to whether there is cause of action or not - Cause of action is bundle of essential facts and even a part of cause of action from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining alienation - Trial Court to decide suit as expeditiously as possible and preferably within a period of three months - Any alienation made by defendant shall be subject to result of suit and proposed purchaser must be appraised of the dispute involved in the suit and objections raised by..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 4 -- Permission to file written statement by LR's of deceased - LR's cannot take a diverse plea from that of deceased defendant - Being impleaded as legal heir of deceased defendant, legal representative would merely step into shoes of said defendant - Therefore, a plea contrary to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction - Not appropriate relief where loss can be compensated by necessary decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - For review purpose an error must be apparent on the face of record...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Withdrawal of suit allowed in view of objection by defendant in written statement that civil suit is not maintainable in view of Arbitration clause in written agreement executed inter se between parties - Defendant is thus estopped from raising objection due to its own act and conduct - Parties cannot be allowed to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1(t) -- Condonation of delay - Dismissal of application - Appeal against - First appeal U.O.43.R.1(t) CPC, is not maintainable against such order...........
