Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant no.2 from whom plaintiff alleges to have purchased the property vide a sale deed himself has specifically denied the factum of said execution - There is no public document or any other document available on record to prove that wife of defendant no.2 was owner of property, as she was minor..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - When the same issue is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, decree in injunction suit equally operates as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Anti suit injunction - Restraining wife from proceeding with divorce petition filed by her in USA - Both the parties are presently residing in USA - Rights and liabilities of parties including custody of minor child can be effectively also determined in proceedings initiated by wife in USA - Proceeding..........
Anti suit injunction -- Courts in India have a power to issue anti-suit injunction to a party over whom the Court has personal jurisdiction in an appropriate case...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that sale deed is null and void and for injunction - Will basis of claim of plaintiff not proved to be in accordance with law - Whether any partition with respect to survey number in question had taken place or not is not borne out from record - Suit property was never recorded in the name of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking consequential relief of possession - Suit filed by plaintiff is not merely for declaration but consequential relief including suit for permanent injunction and damages has been sought - It is thus, wrong to allege that it is a suit for mere declaration without consequential relief..........
Administrative authority -- Passing of order of injunction - Impugned order passed by Administrative authority during pendency of mutation proceedings as well as civil disputes is not sustainable in the eye of law, hence, set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiff himself admitted that respondent is original owner of property which is now occupied and purchased by plaintiff from third party only to the extent of 3500 sq ft of property - Remaining 3000 sq ft is situated on northern side of plaintiff's property and..........
