Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Dispossession in violation of order of injunction - Court can order restoration of possession u/s 151 CPC and O.39.R.2-A CPC is not a bar for the exercise of this power...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exchange of land - Mutation on the basis thereof - Exchange of land challenged on the ground of fraud - It requires investigation and this fact can only be ascertained after evidence of parties - At this stage defendants No.1 to 3 are owner-i, possesosn of suit land and as such, plea of plaintiff..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Application U.O.39.R.2-A CPC is maintainable only during pendency of civil suit in case interim order passed by Court or undertaking given by party is violated - Application filed after disposal of civil suit is not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in nature of suit - Suit for permanent injunction - Defendant asserting his right on the basis of Will - Amendment of plaint sought so as to challenge the Will - Challenge to Will is incidental and not otherwise barred by law - If fresh suit for same cause is permissible then there is no reason to..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree of permanent prohibitory injunction - Disobedience - Where JDs disobey decree of permanent injunction passed against them by gaining illegal possession of suit property, DH cannot be asked to file a fresh suit for possession by Executing Court - Possession can be ordered to be delivered to DHs by JD by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit property on rent, damaged in fire - Restraining tenant from constructing/reconstructing/restoring or repairing suit property - Question as to whether even after damage, suit premises are in the same position in which they were let out to the defendant, is a fact/an issue which shall be decided..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction and plaintiffs therefore are..........
