Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land unless it is shown that such an act would constitute prejudice and mere raising of construction does not amount to any prejudice - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for permanent injunction - Violation of decree - J.D. subsequently trespassed into the property and remained in possession therein - Decree can be enforced by evicting JD from the property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To inspect the suit property - Dispute in question requires elucidation and it is local in character and can only be done by local investigation at the spot - Identification of property can only be done by a Taluk Surveyor and presence of an Advocate Commissioner would only give further..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Goes to the root of matter - This issue be decided as preliminary issue before any other issue is decided...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution on the basis of charge decree - O.21.R.58 CPC can be invoked by third party only in a situation where there is an attachment of property by Court in execution of a decree...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Enabling power U.O.41.R.23-A CPC to remit the matter back to lower Court can be resorted to only if judgment passed by Court below is set aside on merits and re-trial is considered necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Allowing of application for additional evidence is not sufficient to remand the case back to trial Court - First appellate Court being Court of fact and law has power and authority to call upon plaintiff to lead additional evidence or seek report from trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Inadvertent omission in the memo of parties - First appellate Court has erred in failing to notice that there was only an inadvertent omission in the memo of parties prepared by trial Court - However, First appellate Court could have either itself ordered the correction memo of parties of trial Court or directed..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit cannot be disposed of merely on basis of compromise arrived at between some of parties, without consent of remaining parties...........
Civil Procedure Code, 1908, Section 152 -- Errors in description of suit property - Executing Court can change the boundaries of decreetal property...........
