Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioners sought their impleadment in suit as plaintiffs at the fag end of trial - They may have an independent right of being occupants or tenants but they have to plead and lead cogent evidence to prove the same - Petitioners cannot derive any..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Injunction suit - Dispute between parties in respect of public rasta over which plaintiffs allegedly acquired a right of prescription - However, concurrent findings of fact recorded by two Courts where plaintiffs could not establish his own case - There is no perversity in said findings recorded by two Courts -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Declined by trial Court - Appeal against order dismissing application U.O.39.Rr.1, 2 CPC filed beyond the statutory period of 30 days - No justification either in pleadings or during course of arguments for not filing statutory appeal within stipulated time despite copy of order having been supplied..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Impleadment of L.R's - Suit itself stood abated by operation of law - LR's sought impleadment in appeal filed against dismissal of temporary injunction application in said suit - When main suit itself is no longer survived owing to operation of law, an interlocutory order passed therein automatically..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendant trying to alter nature of ancestral unpartitioned property - Trial Court directed to decide the application for interim injunction within a period of three months - Parties shall maintain status quo till application for interim injunction is decided by trial Court...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - No positive material available on record that plaintiff has been in possession - Relief of permanent injunction cannot be granted to plaintiff...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Cannot be granted against true owner...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where plaintiff despite knowing fact that title has been set up by defendant failed to convert suit for permanent injunction into one seeking declaration and further without there being clear evidence regarding possession of plaintiff also for the reason that no injunction could be granted against true owner,..........
Practice and procedure -- Procedural lapse - Remand of matter for re-consideration - Suit for permanent injunction - Where possession of plaintiff is not satisfactorily proved, no gainful purpose would be served in remanding matter for re-consideration only on account of procedural lapse committed by Lower Appellate Court...........
