Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment application filed without assigning any reason as to why plaintiffs could not have raised the matter before commencement of trial - Moreover, fact regarding possession of defendants over suit land was pleaded by defendants from very beginning of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application filed beyond prescribed time of 30 days - In absence of condonation of delay application order passed U.O.9.R.9 CPC either dismissing it or allowing it renders the order non-est...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC would operate only against individual plaintiff and not against his successor in title, as they would have continuous cause of action - Subsequent suit held, not barred..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC will not apply to suit for partition, as cause of action in such a suit would be recurring one...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Money suit - Suit in question is a money suit for compensation and damages falling u/s 7(i) of the Act, therefore ad valorem Court fees would be payable on amount claimed...........
