Civil Procedure Code, 1908, Section 11 -- Explanation. VI - Suit for possession and injunction - Contention of J.D. that decree was inexecutable as property belonged to CSI Church and Church not made party in the suit - Vicar and Bishop of CSI Church were defendant in suit - No case of J.D. that they were not putting forward rights of Church or there was any mala fide..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for permanent injunction - Suit for permanent injunction by vendee against vendor restraining him from damaging and alienating property purchased by vendee by agreement to sell - Suit is maintainable - Vendors during the subsistence of the agreement are holding the suit property in their fiduciary capacity and vendee has..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Agreement to mortgage - Possession delivered - Suit for injunction filed before accrual of cause of action for filing suit for specific performance - Suit for specific performance is not barred U.O.2.R.2 CPC nor suit is barred u/s 11 CPC as issues in earlier suit and suit for specific performance are entirely..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Matter directly and substantially in issue - Previous suit for injunction - No issue regarding execution of agreement - No finding qua the execution of agreement and earnest money - Subsequent suit for recovery or alternative specific performance of agreement - Issues in both suits enterely different - Previous suit..........
Civil Procedure Code, 1908, Section 11 -- Possession and injunction suit - Bar of resjudicata pleaded - Plea that same dispute already settled in earlier suit - Second suit barred by resjudicata...........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 11 -- Copyright Act, 1957, Sections 55 and 62 - Territorial jurisdiction - Copy right - Infringement of - Permanent injunction - Suit filed at Delhi as plaintiff carries work and business at Delhi and further there is infringement at Delhi but defendant based in Calcutta - Both the Courts at Calcutta and Delhi would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership and permanent injunction for restraining defendants from dispossessing them forcibly - Suit filed on the basis of title on the basis of sale-deeds - Held that plaintiffs were not required to pay any ad valorem court fee - Order rejecting plaint for no, payment of ad..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Plea of ownership to the suit house was substantially involved for seeking relief of permanent injunction in the former suit - Plea of ownership could and ought to have been raised in the former suit - Subsequent suit claiming title to the suit property is barred by constructive res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Permanent Injunction - Decree - Finding regarding title recorder against the plaintiff - Not able to file appeal - Finding of title would not operate as res judicata in suit regarding title...........
