Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A person cannot be impleaded merely because he would be incidentally affected by judgment or is interested in the fruits of litigation...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for permanent prohibitory injunction - Applicant set up a rival title over suit property - A simple suit for injunction cannot be converted into a suit for title - Applicant is neither a necessary nor proper party to proceedings - Application dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Plea without proof and proof without plea is no evidence in the eyes of law...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Once the decree was passed in the absence of defendant, O.17.R.2 CPC could not be attracted, as decree was ex parte...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasonable time was not afforded to opposite party to oppose prayer made in the application for interim relief despite the fact that prayer has been made on behalf of defendant to file reply - Trial Court hastened to pass an interim order in mandatory form which in fact is pari materia to prayer as..........
Civil Procedure Code, 1908, Order 16A, Rule 2 -- Examination of plaintiff confined in jail - If Court finds it difficult to get recorded oral testimony of plaintiff then Court can get the testimony recorded under Video Conferencing Rules, 2020 - Closure of evidence of plaintiff set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Land is vested with State government - No order in favour of plaintiff justifying his occupation of land - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering suit property - Plaintiffs were neither in possession of land nor produced any document to establish that they had ever exercised their rights of ownership over suit property - Even otherwise, since the plaintiffs are attempting to..........
