Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Granted by Bombay Civil Court and said injunction was confirmed by High Court while dismissing appeal from order - Interim injunction continued for last more than 5 years - No reason to interfere in the matter - Bombay Civil Court directed to dispose of the suit as expeditiously as possible...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Issuance of interrogatories - Dismissal of application - Rules and Orders of High Court specifically stipulating that any such application for the service of Special Kanungo or Patwari Moharrir for preparing excerpts has to be moved only Court of law, naturally petitioner had no other choice but to do so and therefore, trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Land sold to defendant is towards western side 13 ft instead of 43 ft - Construction therefore, beyond 13 ft by defendant cannot be permitted - As regarding alternative plea of plaintiff to permit him for completing finishing work, as he is not projecting any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No interim injunction can be granted in respect of property which are not subject matter of suit...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 15 -- Non-joinder and misjoinder of parties - Partition decree - Execution proceedings - Decree holder filed execution proceedings - Neither JD nor Collector were made party to execution proceedings - Execution proceedings suffers from no, joinder and mis-joinder of parties and thus,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - A person who is not a necessary or proper party cannot be permitted to be fastened upon the plaintiff in absence of any relief - Once authorities have already initiated action at their behest, his presence would not help Court in adjudication of the lis...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff being dominus litis cannot be forced to add any person as a party to the suit unless pleadings and relief claimed therein that a person sought to be impleaded as a party is necessary party and without his presence neither the suit can be proceed nor the relief can be granted...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Not to be granted on the ground that counsel is out of station...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plea that counsel is out of station - Not a good ground to seek adjournment - Appeal dismissed for no, prosecution and under no circumstances application for restoration shall be entertained...........
