Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Cannot be denied on the ground that defendants were arrested u/ss 107/151 Cr.P.C. as there was scuffle between the parties - Held, it rather strengthens the case of plaintiff for grant of police help as it depicts that defendants did try to interfere in..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Restoration - Withdrawal of suit by a person having no authority to withdraw the suit - Suit withdrawn by playing fraud with plaintiff as well as with Court - Withdrawal of suit null and void ab initio - Held, when there was no valid withdrawal of suit, restoration application is maintainable..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Two cheques referred in the plaint and examination-in-chief affidavit but inadvertently the same could not be placed on record - Even defendant did not take notice of the said omission - Order allowing application, upheld...........
Civil Procedure Code, 1908, Section 91, 151, Order 7, Rule 11 -- Rejection of plaint - Wrongful act affecting public by allotment of a plot to defendant - Plaintiff not claiming redressal of any injury or infringement of any of his personal legal right - Leave of Court for redressal of alleged public wrong as mandated by S.91 CPC not sought - Leave of Court also not sought..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents in question already on record and exhibited without any objection as at that point of time originals of those documents were not traceable - Held, once the certified copies of the originals are exhibited on record without any objection, there should be no objection to the placing..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A(3) -- Production of documents - Cannot be allowed when application is filed at the fag end and moreso when documents were not produced earlier despite grant of sufficient opportunities...........
Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97 -- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police aid - Can be granted when there is threat of breach, disobedience or violation of order of injunction/ad interim injunction - Once the order is breached or disobeyed, then party has to take recourse to O.39.R.2-A or U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining alienation - Order can be communicated by Civil Court to Sub Registrar concerned in exercise of inherent powers...........
Civil Procedure Code, 1908, Section 151 -- Judgment of criminal court on record but inadvertently not exhibited - Rejection of application to exhibit the document without recording cogent and convincing reasons - Error of not marking exhibit on the document is a procedural error - Impugned order set aside - Matter remitted for decision of application afresh by observing..........
