Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
Civil Procedure Code, 1908, Order 47, Rule 1, 7 -- Review - Declined - Challenged by filing special leave petition - Not maintainable in absence of challenge to the main judgment...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - First part of prayer to withdraw suit allowed but second part of prayer to file a fresh suit declined - Trial Court ought to have declined prayer for withdrawal of suit after declining leave to file a fresh suit - Impugned order allowing withdrawal of suit set aside - Trial Court to proceed with suit in..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- When a specific provision has been prescribed in O.22 then O.1.R.10 CPC has no application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Grant of - Injunction is sought by plaintiff on a plea that his own title to suit property is an admitted position and revenue entries as to cultivation also stand in his name - Respondents' prayer for correction of revenue entries has already been dismissed by revenue authorities - Held, plaintiff has..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for possession based on tenancy - Relationship of landlord and tenant not established - Plaintiff allowed to withdraw the suit with permission to file a fresh suit for possession based on title to the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Held, even if there is prima facie case and balance of convenience in favour of plaintiffs, injunction need not be granted if irreparable injury caused to defendant will be more compared to loss caused to plaintiffs if injunction is not granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiff sought injunction restraining defendant from carrying out any construction or committing any mischief in property - Construction of building is over and only interior finishing work like plastering, painting etc., are alone to be done - Occupancy certificate has been..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - At the stage when case is fixed for orders - Held, filing of documents after judgment is reserved, cannot be permitted...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error of calculation of amount in the operative part of judgment - Apparently erroneous - Operative part of judgment corrected...........
