Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Subsequent events making interim injunction infructuous - Proper course - Appeal allowed - Interim injunction vacated - Suit to be disposed of expeditiously...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at appellate stage - Can be allowed only if 'sufficient ground' is shown warranting such a permission...........
Civil Procedure Code, 1908, Order 37, Rule 1, 4 -- Summary suit - Suit based on invoice - Invoice not containing any terms and conditions entered into between parties regarding supply of goods and its payment - No written contract between parties - Suit not triable as summary suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Wall demolished and new door and window opened despite knowledge of temporary injunction - Defendant directed to undo the wrong done by demolishing the construction made during the pendency of litigation and both parties to be relegated to the position of status quo ante on the date of passing of temporary injunction by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction u/s 151 can be granted in a case when any of the ingredients for the grant of temporary injunction is missing when granting of temporary injunction is found to be imperative in the interest of justice...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - A co-owner who is not in possession of any part of the property cannot seek an injunction against another co-owner unless any act of the person in possession of the property causes prejudice or is adverse to the interest of the co-owner who is in possession...........
Civil Procedure Code, 1908, Order 16, Rule 1, 5, 6, 7, Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - Production by witness - Witness can produce documents in his possession in support of oral evidence, though witness is not summoned to produce documents - Witness need not to file application U.O.13.R.2 CPC before producing the documents in his possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraint order in favour of plaintiff restraining defendant from (1) alienating suit property (2) from cutting and removing trees (3) from interfering in the peaceful possession of the plaintiff - Order confirmed by High Court in appeal - In the same suit an application filed by defendant seeking same relief also granted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser - Not entitled to injunction against owner or manager of the property...........
