Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for partition - Ad-interim injunction restraining the defendant from transferring the suit property and raising construction thereon - Plaintiff in an earlier suit made statement that property was partitioned - Documents corroborating defendants case - Plaintiff cannot be said to have any prima facie case - Trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Local Commissioner reported possession of the plaintiff while revenue record showing that Gram Panchayat is owner - Factum on the spot is to be taken into consideration - Balance of convenience is in favour of the plaintiff - Injunction granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is to establish prima facie that he is in possession of suit property - Court cannot depend upon the weakness in the case of defendant and merely for the reason that defendant could not establish his alleged tenancy it cannot come to the conclusion that plaintiffs case must be true...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police help in implementation of injunction order - Held, it is always open to the Court to resort to the law enforcement machinery to see that its order is obeyed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- `Status quo' - When both the parties claim to be in possession the Court should not pass an order of `Status quo' - In matters relating to disputes regarding possession it is the duty of the Court to decide one way or the other as to which party is prima faciein possession of the property. (1989 Civil Court Cases 559..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Process fee not paid - Suit dismissed - Held, as the plaintiff had deposited registered cover and process fee twice earlier and failed to pay for one date one more opportunity should have been allowed to avoid the multiplicity of proceedings - Order of trial Court suffers from illegality with material irregularity...........
Hindu Marriage Act, 1955, Section 13(B), Civil Procedure Code, 1908, Order 3, Rule 1, 2, 3, 4, Civil Procedure Code, 1908, Order 23, Rule 1, 4 -- Petition for divorce by mutual consent - Filed by husband and wife jointly - Supported by their affidavits - Wife absent on date fixed - Not sufficient for dismissal of petition when her lawyers and husband are present and lawyer..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 -- Proviso & - Ex-parte decree - Setting aside - Copy of plaint not accompanied with summons - Defendant personally served - Mere irregularity - In view of the proviso to O.9.R.13 the exparte decree could not be set aside on mere irregularity if the defendant had knowledge of the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 -- Second Proviso - Summons served without copy of plaint - It is a mere irregularity - Merely on this ground exparte decree cannot be set aside...........
Contempt of Courts Act, 1971, Section 2(b) -- `Wilful disobedience' - Meaning - Means deliberate or intentional disregard of the order...........
