Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Street - Encroachment by plaintiff - Held, an encroacher has no right to seek temporary injunction against Gram Panchayat...........
Civil Procedure Code, 1908, Order 40, Rule 1, 3 -- Application for appointment of Receiver - Serving judicial officer should not be appointed as receiver by any Court of Law in interest of justice and fair play...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Application for appointment of receiver - Ascertaining of right of the party - Mandatory - Dispute as to right of parties to have share in management and income of temple - Application for interim injunction - Trial Court ought to decide first injunction application - Appointment of receiver straightaway by trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - Pleading - Full particulars must be pleaded in case of fraud, undue influence and coercion - General allegations are not sufficient...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, Civil Procedure Code, 1908, Order 33, Rule 1 -- Interim maintenance during pendency of application seeking permission to sue in forma pauperis - Can be granted - The moment an application in forma pauperis is presented it is commencement of the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Party to be implead if presence of applicant is necessary in order to completely and effectually adjudicate upon and settle all the questions involved in the suit - Merits of claim made by impleading applicant is not relevant at stage of impleadment - Rejection of application on ground that claim made..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Exercise of power U.O.1.R.10 CPC does not depend upon the volition of plaintiff as it is exclusively the Court's power...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for declaration that plaintiffs are exclusive owners of temple and have exclusive Archakship rights - Applicant also claiming right over temple and Archakship - Held, presence of applicant is necessary to completely adjudicate the nature of the right of the parties over temple and Archakship -..........
Civil Procedure Code, 1908, Section 115, Order 1, Rule 10 -- Impleading of a party - Application rejected - Revision lies against order rejecting application...........
Civil Procedure Code, 1908, Order 37, Rule 1(2) -- Loan by cheque - Non payment - Is not a suit upon a cheque or bill of exchange - Suit is not maintainable as a summary suit...........
