Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of facts recorded by two Courts below that plaintiffs were not in possession of suit property - Counsel for plaintiffs failed to point out any question of law much less substantial question of law - No interference warranted in said concurrent findings - Second..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of Courts below with regard to possession of defendants over suit property - Plaintiffs failed to point out any question of law much less substantial question of law - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Order to the extent of maintaining status quo with respect to raising construction changing nature and encumbering the suit land, upheld - Partition proceedings cannot be halted, as revenue record establishing that suit land was joint between parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Suit for cancellation of gift deed and permanent injunction - Plaintiff had transferred his share to his father in the year 2007 - Father of plaintiff executed gift deed in favour of defendant in the year 2013 - Defendant is recorded as tenure holder - Application for ex parte ad interim injunction..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings of two Courts below with regard to fact that disputed Gali was common - Plaintiff failed to point out any question of law much less substantial question of law - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - There is no rigid rule that a Commissioner can never be appointed in a simple suit for injunction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Identify of property disputed by defendant - Trial Court when wrong in dismissing the application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
