Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - This power is discretionary & equitable in nature - Guidelines enumerated...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Scope - There are no words in the Rule to limit its scope to any particular category of suits or to exclude a suit in regard to a claim for money or for injunction...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Demand of additional amount by Housing Board - Suit for permanent injunction in a representative capacity - Maintainability of suit - persons who may be represented in a suit under Order 1 Rule 8 need not have the same cause of action - What is required is that in a litigation all the persons have a similar or common interest..........
Civil Procedure code, 1908, Order 1, Rule 8 -- Representative suit for injunction-Maintainability-Suit filed for restraining Housing Board from demanding & collecting from allottees any additional amount for settlement of lands with buildings in a particular colony-Such suit is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction can be granted against a person who is not a party to the suit in exercise of inherent jurisdiction of the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant raising construction on the passage the only means of egress & ingress to the plaintiff's plot - Injunction restraining defendant from raising any construction over granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Peepal tree more than 100 years old - Worshipped by residents of the village - Its cutting will hurt the feelings of the residents - Gram Panchayat auctioning the same - Plaintiff willing to deposit the amount for which the peepal tree was being auctioned - Order granting injunction restraining the Gram Panchayat from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Oral agreement that whenever defendant intends to sell her property she will sell to plaintiff only - Temporary injunction restraining defendant from selling property to anyone else except the plaintiff - Plaint totally silent about the date, time and place of agreement - Plaintiff at the best a prospective vendee..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction- Court having no jurisdiction-Order accepting or rejecting application cannot be passed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - At the stage of arguments amendment of plaint sought to seek relief of specific performance - Delay - By itself not a ground to refuse amendment - Plaintiff asserting that no further evidence will be lead if amendment allowed - Amendment allowed...........
