Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree can be drawn afresh or modified only before final decree is drawn up...........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Decree for specific performance - Description of property found different during execution proceeding - Court Amin made an endorsement and returned warrant of delivery of possession in respect of suit property for the reason that description of property differs from sale deed executed in favour of plaintiff -..........
Civil Procedure Code, 1908, Section 80 -- Suit against public servant - Cannot be instituted without impleading State as party...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d) -- Rejection of plaint - Non compliance of the provision of S.80 CPC - Suit is barred by provisions of O.7.R.11(d) CPC owning to non compliance of S.80 CPC...........
Civil Procedure Code, 1908, Section 80, Order 14, Rule 1, 2 -- Suit against public servant - State not impleaded as a party - Objection as to maintainability of suit not taken by defendant in his written statement - However, in the absence of notice, suit is not maintainable against public servant - Trial Court should framed and decide the issue of maintainability of suit..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Demarcation - An order of demarcation is passed only after framing of relevant issues...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - To determine actual character of suit, it is essential to advert to pleadings in the suit, which are required to be construed in their entirety...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not available against true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from entering over suit property - Plaintiffs are claiming their actual settled possession over property - However, no positive evidence brought on record by plaintiff to establish their actual possession over suit property - Plaintiff cannot seek injunction against true..........
