Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Injunction - Implementation - Court can grant police help to implement its order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Unauthorised construction and occupation - Land belonging to DDA - Plea of tenancy under a charitable society - Land allotted to society by DDA on payment of consideration for construction of hospital - Plaintiff squattered over remaining land belonging to DDA as such DDA is entitled to demolish unauthorised construction..........
Civil procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Eviction decree - Stay of execution of eviction decree sought by married daughter of deceased original tenant who was not a party to the eviction petition - Eviction decree becoming final into Supreme Court - Held, injunction should not be granted unless there is positive evidence of her..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Previous suit for injunction dismissed on technical ground - Subsequent suit for declaration of title and recovery of possession - Not barred by res judicata - Suit is not even barred U.O.2.R.2 since cause of action in both suits was distinct...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of issues may not be fatal if both the parties go to trial knowing the case of each other...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 17, Rule 2 -- Dismissal of suit on ground that plaintiff/failed to proceed with suit in spite of several adjournments - Evidence of parties already on record - At the time of dismissal of suit counsel of parties also present - Such dismissal has to be taken as if order was passed U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2 -- Permission to file suit as an indigent person - Maintenance amount cannot be taken into account for deter-mining the capacity of the appellant to pay the court fee...........
Civil Procedure Code, 1908, Section 60, Order 38, Rule 5, Provident Funds Act, 1925, Section 2(a), 3, 4 -- Attachment before judgment - Amount payable under voluntary retirement benefit scheme to an employee - Not exempt from attachment - G.P.F. and pension amounts are exempt from attachment...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Eviction decree - Execu-tion - Objection that decree has become inexecutable in view of sub-sequent agreement/fresh contract of tenancy - Held, objection is not tenable as claim falls within the preview of adjustment and the same is not certified as envisaged by rule 2 of order 21 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 2, Civil Procedure Code, 1908, Section 115 - - Plaintiff to examine defendant as his witness - There is no provision to show that a party is debarred from examining its adversary as a witness on his behalf. A plaintiff can examine any witness he so likes - The witness may be a stranger, may be a man of his own party or party..........
