Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought is a minor correction of number of trees mentioned in the plaint and addition of some lines in the plaint regarding source of irrigation - Proposed amendment will not alter the case - Application rightly allowed...........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - Not maintainable when there is cloud over title of plaintiff - Plaintiff ought to have filed suit for declaration and consequential injunction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey knowing Commissioner - Neither there is any dispute with regard to description of suit property nor there is any issue regarding the nature of possession of parties - Petition U.O.39.R.2-A CPC is also pending for alleged violation of interim order of injunction - Onus of proof of alleged encroachment by..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Documents relied upon by plaintiff does not comes to aid of plaintiff to establish that he is in exclusive possession of suit property and unless possession is established, question of granting permanent injunction does not arise - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction - Plaint discloses all the factors and also shows that defendant is trying to sell the land - Contention of defendant that there is no cause of action cannot be accepted - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 3(a) -- Ex parte ad interim injunction - Where it is proposed to grant injunction without giving notice to opposite party, Court shall record reasons for its opinion that object of granting injunction would be defeated by delay...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff must prove the boundary as well as the existence of property for claiming relief of permanent injunction - However, documents shows that property available is only to an extent of 1 acre and not 1 acre 5 guntas - Relief rightly granted to the extent of 1 acre of land...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Impugned order amounting to virtual decreeing the suit - Order set aside - Both the parties to maintain status quo regarding the mine in question till the final disposal of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Property in question is till date a joint property - Plaintiff is co-sharer and there being a prima facie case having been made out and also having balance of convenience and inconvenience in his favour - Order of status quo thus, passed in respect of suit land in respect of parties..........
