Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Mortgagor challenging defendant-mortgagee's right to auction mortgaged property, filed before auction took place - Subsequent suit for declaration that auction sale was void - Not barred...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining a co-sharer from selling property - Injunction granted...........
Evidence Act, 1872, Section 135, 137, 138, Civil Procedure Code, 1908, Order 18, Rule 2, 1 -- Some of the defendants supporting the case of plaintiff - They will lead their evidence immediately after completion of the evidence of the plaintiff because the supporting defendants are not, in true sense, the other party that is the adverse party...........
Civil Procedure Code, 1908, Order 34, Rule 2, 11 -- Expression `Principal' and `Aggregate of the principal sums' in clause (a) in Order 34 Rules 2 and 11 means only `Principal' and not `Principal & interest'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - co-sharer in exclusive possession cannot be permitted to raise construction on the land in his possession till partition takes place by meets and bounds...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - There was no clear plea in defence as to why the suit was not maintainable and no law was cited which barred the suit - In these circumstances issue about jurisdiction of Court could not have been decided as preliminary issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - If there is a serious question to be tried, the test of prima facie is satisfied...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue as to Court fee- Cannot be treated as preliminary Issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Exparte ad interim injunction - Court declining to grant - Appeal does not lie against such order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Sale deed executed In violation of injunction order - Does not invalidate the sale deed or render it nullity - Vendor may be liable of penal consequences for violating the injunction order...........
