Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 4, 9 -- Legal representative - Ambit of - Persons who are not legal heirs but represent the estate of the deceased also come within the ambit of legal representative - If such legal representative is brought on record within time abatement of suit is liable to be set aside-Bringing of other L.R's on recorded later..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Three factors to be taken into consideration (i) prima facie case (ii) balance of convenience (iii) irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction of decree - Courts should be slow in granting injunction restraining the execution of lawful decrees affirmed by Superior Courts...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - When permissible - Indicated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer order - No irreparable loss to plaintiff in case injunction is not granted as the plaintiff is entitled to transfer allowance and in case of ultimate success plaintiff will again be transferred and will also be entitled to the transfer allowance - Transfer orders are ordinarily passed on..........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 5 -- Death of plain-tiff - Impleading of L.Rs son on the strength of Will - Such persons to be brought on record for purposes of the suit - Genuineness of the Will is not to be finally decided in such proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Process fee paid late - Suit dismissed in default under Order 9 Rule 2 - Held, one more opportunity should have been given to do the needful...........
Limitation Act, 1963, Section 14(3), Civil Procedure Code, 1908, Order 23, Rule 2 -- Formal defect - Withdrawal with leave to fresh suit rectifying defect - Permission granted by court - Held, plaintiff is entitled to benefit of deducting period of limitation acquired during pendency of earlier suit...........
Contract Act, 1872, Section 2 -- Agreement to sell - Signed unilaterally by the executant - Can be enforced when the recitals in the contract clearly establish that the executant had undertaken to convey the properties for an agreed consideration...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Licensee - After expiry of license period possession of licensee becomes unlawful - Hence, licensee is not entitled to injunction after expiry of license period. (Indian Easements Act, 1882, Ss.52, 62(c)...........
