Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Merely by tying cattle-heads or making hutments, plaintiff would not get any right, title or interest in suit land which apparently belongs to Municipal Committee - Plaintiffs are merely encroachers on suit land without having any right, title or interest therein - Balance of convenience lies in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - It is only if averments in plaint ex facie do not disclose cause of action or on a reading thereof, suit appears to be barred under any law, plaint can be rejected - In all other situations, claims will have to be adjudicated in the course of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is the averments in the plaint that has to be read as a whole to find out whether it discloses a cause of action or whether suit is barred under any law - At the stage of consideration of application U.O.7.R.11 CPC, stand of defendants in the written statement is altogether irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Claim of plaintiffs with regard to knowledge of essential facts giving rise to cause of action as pleaded will have to be accepted as correct, - Averments in plaint not disclosing that either of suits is barred by limitation so as to justify rejection of plaint U.O.7.R.11 CPC - Application..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration & injunction - Identities of plots in question are not in dispute - Suit property was already demarcated by Tehsildar in presence of both the parties - Moreover, both the parties claimed their right, title and interest over different plots - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - Executing Court is not bound to frame issues if objections on the face of it are frivolous and vexatious...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision of O.12.R.6 CPC is not mandatory rather discretionary - While exercising power of passing judgment on admission made in pleading or otherwise, Court must keep the matter pending for adjudication so far as other issues are concerned...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession and recovery of damages - Question of ownership is already decided in favour of plaintiff in earlier suit filed by defendant - Said issue need not to be decided afresh - On the basis of ownership decided in favour of plaintiff in earlier suit, present suit has to be decreed so far..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for recovery of damages ought not to..........
