Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Execution proceedings are being subsisting for over 18 years - DH is not being able to enjoy the fruits of litigation on account of inordinate delay caused during process of execution of decree - Application for stay of execution rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession and permanent injunction - Suit filed only against defendants and one of defendant is wife of applicant who has filed detailed written statement for protection of her rights as well as rights of applicant - Applicant despite knowing about filing of suit since beginning and being..........
Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Execution - Attachment of property - Order of attachment shall be deemed to take effect as against the transferees without consideration from the date of order of attachment - However, as against all other persons, from the date on which they get knowledge about the order of attachment or the date on which the order was..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Execution - Attachment of property - Bona fide purchasers - Order of attachment has been entered in encumbrance certificate 6 months after execution of sale deed in favour of claim petitioners - Claim petitioners thus, had no knowledge of order of attachment on the date of sale deed - They held to be bona fide purchasers..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff's allegations are that defendants are trying to raise construction over adjoining land - Since dimension of plots of plaintiff and defendants have wrongly altered and correction application in this regard is pending, defendants be restrained from carrying out construction - It is not the..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Certified copies of evidence of witness in other proceedings, which are relevant, sought to be confronted with the witness - Court ought to have given an opportunity to mark the same through said witness - Application allowed...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Power U.O.16.R.14 CPC is to be exercised by Court on its own accord and not on insistence by a party to suit - If a party wants a particular individual to be summoned or examined as a witness, it must have recourse to O.16.Rr.1, 1-A CPC...........
