Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in filing application in such..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for partition of ancestral property was filed by sister of plaintiff against plaintiff and their father - Sister of plaintiff got equal share in said suit - Said findings attained finality being not challenged - Argument that said property is self acquired property is not sustainable when the issue is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Remedy for defendant is to file appeal - Writ petition not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Section 151 -- Temporary injunction - Non filing of reply by defendant - Right to file reply closed on 19.12.2017 - Defendant seeking to file reply to temporary injunction application on 31.01.2019 - O.8.R.1 CPC gives 30 days time to defendant to file..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 35 -- Injunction - Inherent power of Court - Maintainability - Appellate Court granted injunction in favour of Plaintiff/Decree holders restraining the defendant from making construction while rejecting Application for removal of construction which was made after the suit was dismissed on ground that there was no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14, Civil Procedure Code, 1908, Order zzz39, Rule 1, 2 -- Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction as proceedings for temporary injunction are part of the main proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - It is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Dispute as to who shall be Chief Mutawalli - Single Bench after taking into account prima facie view, came to conclusion that Chief Mutawalli would remain in family of plaintiff and his family members for all time to come - No infirmity found in order of Single Judge - Division Bench fell into error..........
