Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - If property in two suits is one and the same but issues are separate and there is no identity at all with regard to the cause of action and also the reliefs then subsequent suit is not liable to be stayed u/s 10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - It is not only the identical subject matter but also the relief claimed in both suits that determine the applicability of S.10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from parking their vehicles in front of shops occupied by plaintiffs - Shops in question are in possession of plaintiffs and they are operating business activities from these shops - By parking vehicles exactly in front of shops thereby blocking free flow of movement certainly..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents in question pertaining to the years subsequent to filing of suit, therefore question of mentioning the said documents in the suit does not arise - Though plaintiff has not specifically stated reasons about relevancy of documents, plaintiff averred that documents are pertaining to suit..........
Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Substituted defendants - Additional written statement - Substituted defendants cannot take any independent stand by filing additional written statement when deceased defendant had already filed his written statement - They cannot take a new plea in their written statement by denying the pleadings of plaintiffs, which was..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Institution of suit at place where defendant resides or cause of action arises - Provision of S.20 CPC is a residuary provision only which is applicable to cases beyond those in Ss.15 to 19 CPC...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Immovable property - Suit for determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
