Civil Procedure Code, 1908, Section 80(2), Order 39, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ex-parte interim order passed against Government, who is not party to suit - Without recording reasons and without issuing show-cause notice - Order passed is vitiated by illegalities and is hereby set aside - Petition allowed...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Recognized agent - Testimony of attorney - An attorney who has personal knowledge of facts of any particular aspect in respect of which he is testifying, can testify in the shoes of his principal...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - When earlier suit for permanent injunction was filed, there was no construction raised by defendants, so there was no question for relief of possession, as defendants at that time was not in physical possession and construction was not there - Subsequent suit for possession not barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Rejection of plaint U.O.7.R.11 CPC - Amounts to decree...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Legal representative - In case one out of two plaintiffs dies then right to sue survives to the surviving plaintiff and in that event surviving plaintiff is not required to be impleaded as legal representative of deceased plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
Civil Procedure Code, 1908, Order 22, Rule 2, 3 -- Abatement of appeal - Non-substitution of Legal heirs of one of plaintiff - Interest of other appellants surviving - Appeal does not abate as a whole - Court below to hear appeal on merit as far as other appellants are concerned and adjudicate the matter on merits...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14(1)(c)(e) -- Interim injunction - Private contract of personal service - Courts do not grant injunctions to direct continuation of a contract which by its terms is determinable vide Ss.14(1)(c), 41(e) of Specific Relief Act...........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act in High Court - As it is imperative to come to a definite conclusion before punishing concerned respondent as to whether he indeed willfully..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act filed in High Court - Held, contempt petition in High Court is not maintainable in view of alternative remedy available U.O.39.R.2-A CPC who has the..........
