Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Rehearing of matter is impermissible in the grab of review - Review application do not satisfy contours of entertaining review petition - Review petition dismissed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Engagement of a new counsel does not give a right to a party to stall proceedings of case...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- False averment in plaint - Suit not liable to be dismissed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Ground taken in review application virtually constitutes an attempt to re-argue the matter which cannot be done in the garb of review...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - Injunction action can be initiated even after a certificate is issued under Cinematograph Act, as film which is defamatory or indecent or breaches copyright cannot be allowed to be exhibited only because a certificate has been issued...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - There are no materials disclosed or even pleadings to show even prima facie that plaintiff was a family member or a near relative of `G' on the life of which film was based - Contention of plaintiff is that story of `G' sought to be depicted is untrue, is..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Suit was pending from 2009 and application in question was filed in 2017 - Defendant admitted that documents sought to be brought on record were obtained by him in 2012 itself - No disclosure made by defendant in application as to why documents could not have been brought on record at earlier..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Original patta was produced and proved by plaintiff - Commissioner report is on record which shows that Gali in question for ingress and outgress of plaintiff is left and no objection raised by defendant in regard to such report - Suit rightly decreed - Second appeal dismissed...........
