Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession - Agreement to sell - Plea of possession in pursuance of agreement to sell - Agreement itself stipulates that agreement to sell is entered into without handing over possession to plaintiff - Plaintiff failed to establish prima facie case - Balance of convenience also not in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plaintiff guilty of suppression of certain facts at the time of adjudication of application U.O.39.R.4 CPC - It is inherent in order of said application that said facts are necessary for controversy - Plaintiff immediately filed application U.O.6.R.17 CPC to incorporate..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of temporary injunction - It is not a criminal proceeding and not to be proved beyond all reasonable doubts - But at the same time, it is a quasi criminal proceeding...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by defendants to refrain from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Objection as to maintainability of suit can always be raised while contesting the issue pertaining to prima facie case - Trial Court to deal with the objection while deciding application for ad interim injunction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of easementary rights and injunction - Proposed defendant is the joint owner of adjoining land in question - Without his impleadment proper and final adjudication in regard to easementary rights arising out of property in question cannot be made - Plaintiffs held, justified in..........
Civil Procedure Code, 1908, Section 47 -- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said objections are nothing but attempt..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
