Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 12 -- Mesne profits or damages - Estimation - Criteria indicate...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement not filed - Judgment without proof of plaint allegations cannot be passed...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement not filed - Judgment to be passed only after recording of plaintiffs evidence - Defendants is entitled to cross examine the plaintiff's witnesses and can address arguments on the basis of plaintiffs case - Defendant is not entitled to lead any evidence of his own...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Evidence Act, 1872, Section 137 -- Written statement not filed - On proof of plaint allegations judgment can only be passed - Defendant's right to cross examine plaintiffs witnesses is limited to the extent of pointing out falsity or weakness of plaintiff's case and the same cannot be converted into presentation..........
Civil Procedure Code, 1908, Order 10, Rule 2 -- Statement made thereunder by counsel - Can be corrected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Defendant seeking temporary injunction against the plaintiff in a suit filed by plaintiff - Application is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Coparcenary property - Ad interim injunction granted to the son restraining his father from alienating the property in suit - Set aside...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g), 4 -- Application under Section 7 dismissed on the ground disputed land not Shamilat Deh but on the contrary of Jumla Malkan & Digar Haqudaran which does not vest in Panchayat and occupants cannot be disturbed in possession in view of Section 4 - Appellate Authority did not go into the questions : (1)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Besides three requisite ingredients viz.prima facie case, balance of convenience, irreparable injury, suit should also be properly constituted and maintainable in law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Suit for permanent injunction - Temporary - Injunction restraining sale or alienation not to be granted when remedy by way of specific performance is available. (Specific Relief Act, 1963, S.41(h)...........
