Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not available against true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from entering over suit property - Plaintiffs are claiming their actual settled possession over property - However, no positive evidence brought on record by plaintiff to establish their actual possession over suit property - Plaintiff cannot seek injunction against true..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Court cannot be asked to collect evidence for parties in petition U.O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Factum of possession - Whether property is in existence or not can also be established through record available with local authority - Trial Court justified in holding that Court cannot be asked to collect evidence for parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Non filing of written statement - Defendant loses his right to put forth his defence - However, such defendant is not debarred from cross examining plaintiff's witnesses and demolish plaintiff's case - He is also entitled to make such arguments and submissions on questions of law as plaintiff may not have..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of possession in favour of plaintiff being a finding of fact based on material evidence available on record is not liable to be interfered by High Court in exercise of its power u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Where prima facie it is lawful possession which governs right of plaintiff to seek injunction and plaintiff having successfully establish his lawful possession, was entitled to decree of permanent injunction, particularly when defendant failed to establish when plaintiff surrendered..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order - Oral agreement entered into between parties - It is thus, not proper to grant injunction without due inquiry, particularly when both the parties are companies - Status quo order rightly passed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - When there is serious dispute regarding identity of property or boundaries thereof, Advocate Commissioner can be appointed even in a suit for injunction...........
