Civil Procedure Code, 1908, Order 2, 3, Rule 3 -- Compromise - Suit dismissed - Instead of dismissing, suit should be decreed in terms of compromise - Dismissal of suit does not Invalidate the compromise - Compromise arrived at between the parties can be enforced - Court should learn in favour of Elementing It and preventing the parties from Impinging it...........
Partition Act, 1893, Section 2 -- Partition - If division of property cannot reasonably or conveniently be made then court may direct the sale of the property and distribution of proceeds...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Common wall - Roof of two shops resting on one wall - Prima facie seems that the wall between the two shops is common - A beam put by defendant - Petitioner not able to show as to how by reconstructing the wall and putting a beam, the property of the petitioner is to be damaged - A co-sharer is equally interested in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Trial Court restrained defendant from raising any construction over the disputed land and created any obstruction in the flow of dirty water through the passage - Appeal against - Appellate Court allowed defendant to raise construction with undertaking that it would be demolished if their claim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In addition to prima facie case plaintiff has to show that (i) In the event of withholding the relief of temporary injunction he will suffer an irreparable injury (ii) In the event of his success in the suit in establishing his alleged legal right encroachment where of is complained against, he will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nature and facts to be taken into consideration (1) There is a serious disputed question to be tried and on the facts before the court there is probability of being entitled to the relief claimed (2) The Court interference is necessary to protect the party from the species of injury (3) That the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit decreed - Sale deed executed by Court - Suit seeking to set aside the decree - Pending suit interim injunction sought from being dispossessed - Granted by High Court - Held, if plaintiff is ultimately successful he can be compensated by awarding damages for use..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action - More than one cause of action can arise out of the same transaction - Transaction and cause of action need not be always identical - it is cause of action which cannot be allowed to be split up...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action -Meaning - (1) The correct test in cases falling under O.2R.2, is 'Whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation for the former suit (2) The cause of action means every fact which will be necessary for the plaintiff to prove if traversed..........
Contempt of Courts Act, 1971, Section 2(b), 11, 12 -- Time to vacate given on usual undertaking - Undertaking not given - Respondent cannot be found guilty of violation of any undertaking but the court should ensure the compliance of order by police force in the interest of justice as respondent derived specific advantage under the order...........
