Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Order 39, Rule 3A, 4, Civil Procedure Code, 1908, Order 43, Rule 1 - - Injunction - Vacation - Non disposal within 30 days - Affected party can prefer appeal - Limitation for filing appeal commences on date when it was clear that application is not disposed of...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit - Dismissal of application - Order is appealable...........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Exparte decree - Dismissal of application to set aside exparte decree - Remedy available is to file appeal and not revision...........
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Refusal to set aside - Same challenged in appeal - Pending appeal suit also dismissed as abated - Not necessary to challenge judgment in suit in appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Plaint - Amendment - Sought at first appellate stage - Application dismissed while deciding main appeal itself - Held, the only remedy to dispute the said order is second appeal...........
Civil Procedure Code, 1908, Section 96, 100, Order 43, Rule 1-A -- Challenge to non-appealable order - Application for amendment declined along with main case - No separate order passed - Order part of judgment and decree - Only remedy is to challenged said order in the main appeal against the judgment and the decree...........
Civil Procedure Code, 1908, Order 43, Rule 1-A -- Challenge to non-appealable orders in appeal against decree - Application for amendment of plaint before First Appellate Court - Declined - Appeal dismissed - Second Appeal - Order declining amendment challenged in second appeal - Objected to - Plaintiff has right to challenge order declining amendment in plaint in appeal...........
Civil Procedure Code, 1908, Order 43, Rule 1-A(2) -- Appeal against decree passed in suit after recording compromise or refusing to record compromise - Suit for declaration by sons challenging sale deed executed by their father - Compromise entered by one of son with vendee - Suit withdrawn on the statement made by said son on his behalf and on behalf of another son -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed for default - Rejection - Appeal there against is maintainable - No distinction has been made between rejection of application for restoration on merits or rejection thereof for default - Even if an application U.O.9.R.9 is dismissed/rejected for..........
