Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Dispossession in violation of order of temporary injunction - Concerned SHO directed to provide police help to plaintiff to restore possession of plaintiff as in existence on the date of grant of temporary injunction...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Does not decide any issue nor does it adjudicate any right or obligation of parties for the purpose of suit - Said order is therefore, not revisable - Revision not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of Local Commissioner would amount to collecting evidence, same would not be allowed, as said facts are to be ascertained by trial Court after ascertaining and evaluating evidence as may be led by parties - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - No decree can be passed when the agreement entered into in between the parties does not say how the suit is to be decided and what are the terms of compromise - If the suit is to be withdrawn, there shall be stipulation to that effect...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit can either be disposed of as withdrawn or a compromise decree can be passed...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise - Minor - When a compromise decree is passed in a suit to which minor is a party, leave of Court is to be obtained before disposal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Suit where a decree based on compromise is not challenged, but compromise itself is called into question, would be barred by provisions of O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenged by third party - Third party who is not a party to compromise decree would not be entitled to file an independent suit questioning compromise on basis of which decree was passed - Remedy available to third party is to challenge decree by filing an appeal u/s 96(1) CPC with leave of appellate..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-impleadment/non-joinder of a necessary party - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings regarding loan amount given and same having not been repaid have been made in the plaint - Closure of factory premise has been pleaded to be a cause of action for filing of suit - Application rightly rejected...........
