Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averments made in plaint and documents produced along with plaint are required to be seen - Defence of defendant cannot be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Plaint discloses cause of action which must be tried for substantial justice between parties - Success of cause of action is a matter of trial - Application rightly dismissed...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Third party auction purchaser or the assignee from the decree holder is not entitled to object restitution on the ground that he is a bona fide purchaser...........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Auction sale - Proclamation - Sale proclamation should mention the estimated value of the property and such estimated value can also be given U.O.21.R.54 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simpliciter withdrawal of suit without liberty to file a fresh suit - There was no reason for Court to deny withdrawal - Plea that suit should not have been allowed to be withdrawn without notice to them deserves to be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief which arises from the same facts - Should be allowed liberally...........
