Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession as on date of institution of suit - Plaintiff not entitled to relief of interim injunction...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife sought transfer of divorce petition on the ground that she and her two children are entirely dependent on her old and ailing parents - Elder child is a girl aged about 11 years and whenever case is fixed for hearing, wife has to travel about 800 kms - Mere fact that mother of wife retired..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of party seeking injunction is of utmost importance besides other basic principles namely prima facie case, balance of convenience and irreparable injuries...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Person seeking injunction must approach Court with clean hands - He who seeks equity must do equity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction order sought by concealing material facts - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non-joinder or non-description of suit land is not a formal defect - Such defects can be cured by filing an application for impleadment of parties or by way of amendment of plaint - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.1 - Suit for specific performance - Defendant No.1 died during pendency of appeal - LRs of defendant No.1 were necessary party in appeal and in absence of same, appeal preferred by plaintiff abated - Appeal abates...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of party seeking injunction is also of utmost importance besides consideration of prima facie case, balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising any construction or changing nature of suit land - On perusal of Jamabandi as well as copies of sale deeds placed on record, Defendant nos. 3 and 4 are in possession of suit land - Plaintiffs are not recorded as owners of suit land - They cannot be said to have any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining interference in possession - When temporary injunction is sought restraining interference in possession then Court should refrain from passing status quo order - Moreso, in the instant case Court has granted status quo order without giving any finding about possession of parties over the..........
