Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In place of 'Kachcha' latrine and bathroom 'Pakka' latrine and bathroom constructed - The balance of convenience also lies in restraining the demolition of the latrine and bathroom which have already been constructed and cause no disturbance to others - Order of appellate Court granting temporary..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Jurisdiction - Issue as to - It is a mixed question of law and fact - Cannot be treated as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Jurisdiction of Court as preliminary issue - A discretion rather than a duty of Court - Court not bound to try issue of jurisdiction of Court as preliminary issue - Plea regarding jurisdiction of Court - A mixed question of law and fact - Parties should be given opportunity to lead evidence - No justification for treating..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 2(2) -- Unless discretion exercised by Court is arbitrary - High Court in its revisional jurisdiction will not interfere - Trial Court has to be given latitude to decide the suit unless injustice is caused or discretion exercised arbitrarily - Merely because one of the parties to the suit displeased with procedure..........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- If the two rules are read together it indicate that the question of joinder of parties also involves the joinder of causes of action - A person is made a party in a suit because there is a cause of action against him and when causes of action are joined, the parties are also joined...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 22, 20, 2(h), 7A, 5, 32D -- Acquisition of proprietary rights by tenant in respect of tenancy land - Entitlement as to - A tenant as defined in Section 2(k) who is not liable to be ejected as provided in clauses (a) and (b) of sub - section (1) of Section 7 - A is entitled to file application for acquisition of..........
Civil Procedure Code, 1908, Order 13, Rule 2(1)(2), Civil Procedure Code, 1908, Order 41, Rule 27(1)(a) -- Documentary evidence after issues - Where a Court has doubt about relevancy and admissibility of a document and its decision is subject to an appeal then such document is to be received in evidence and its relevancy, admissibility and reliability is to be discussed by..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Wrong mention of law - No rule of estoppel applies against it - There can be no estoppel against the Statute - It is the function of the Court to apply the law to facts ascertained by it...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - Interim relief may be granted on basis of Affidavits - Cross examination at this stage not be allowed - Power to allow cross examination should be used very sparingly...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Suit for ejectment and recovery of rent on the ground of misuser of property for commercial purpose for which resumption order passed by Haryana Urban Development Authority - Defendant's plea that plaintiff waived his rights on principle of acquiescence or estoppel - Not..........
