Civil Procedure Code, 1908, Section 100, Order 14, Rule 1 -- Issue - Issue of jurisdiction regarding maintainability of suit decided against defendants and they did not file any cross appeal or raise any objection regarding same - Said issue cannot be taken in second appeal, as same would be a mixed question of law and fact...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Commercial suit - Written statement not filed within prescribed period - Written statement filed after ex parte order was set aside - Application filed by plaintiff to strike off defence decided subsequently - There is no provision that written statement, if already filed, must be struck off from the record..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Necessary ingredients for grant of ad-interim injunction are not found by Courts below especially with regard to balance of convenience being in favour of defendant/counter claimant - Loss if any which may be suffered by defendant can certainly be calculated in terms of money - Discretionary..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Suit for permanent injunction - Plaintiff pleaded possession since the time of his ancestors - Not necessary for plaintiff to impleaded father as a co-plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs may have an arguable case in their favour but balance of convenience is certainly not in their favour - They also failed to show that they would suffer irreparable loss and injury in case of refusal of grant of temporary injunction - Moreover, plaintiffs concealed the fact that they along..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay order - Single judge while granting stay order neither discussed existence of a prima facie case in favour of petitioner, nor discussed balance of convenience, nor discussed irreparable loss that would be caused to petitioner in case stay was not granted by Court - Impugned order is a non-speaking order - Impugned..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Against a proposed defendant during pendency of application for impleading him as a party - No injunction can be granted against them without impleading them as defendants and thereafter without giving them an opportunity of being heard...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Members of bar shall file draft issues before framing of issues by Courts, after pleadings are complete, which will assist trial Courts in deciding the lis as expeditiously as possible and will save some time...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title and permanent injunction - No formal defect found in the suit - Plea of plaintiff that his predecessors in title had exchanged their properties in lieu of suit properties - However, when plaintiff knows that he filed application at fag end of trial, he should have given..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for declaration and injunction - Defendant during pendency of suit entered into agreement to sell with petitioner and received an advance amount of Rs.5 lakhs - Right of petitioner is subservient to rights of defendant in the suit and subject to any adjudication and decision to be made in the..........
