Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision is intended to curtail evidence thereby expediting trial of suit, saving time of Court and costs of litigation to the parties - They have to be liberally used and parties have to be encouraged to use them in the course of trial...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier than it otherwise would have..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Should be allowed, whether answer to them would either strengthen the case of party administering them or to destroy the case of adversary - Court should not be hyper-technical at the stage of service of interrogatories...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Leave to deliver - Interrogatories relevant for the purposes of disposal of suit and answer to the same may help the plaintiff in discharging the onus placed on plaintiff of some of issues - At the stage of administering interrogatories, Court is not to examine the parties - Inquiry is limited to ascertain..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When plaintiff failed to carry out..........
Copyright Act, 1957, Section 13(1)(a), 13(1)(c), Civil Procedure Code, 1908, Order 39, Rule 1 -- Film song - Temporary Injunction - Sale of rights of sound recording for purpose of making and selling gramophone records also right to utilise sound tract for purpose of re-recording and subsequent manufacture, issue and sale of gramophone - Held, can at most be termed as..........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58 -- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Bar to fresh suit - Earlier suit was withdrawn on account of developments which were beyond the control of plaintiff - Cause of action to file the present suit arose in favour of plaintiff after service of notice - Held, suit is not barred U.O.23 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Not permissible on the basis of plea in written statement which can be rebutted by plaintiff in replication...........
