Sunday, July 14, 2013

Civil Procedure Code, 1908 - Order 39, Rules 1 and 2 - Temporary injunction

Civil Pro­ce­dure Code, 1908 — Order 39, Rules 1 and 2 — Tem­po­rary injunc­tion — Civil Pro­ce­dure Code, 1908 — Order 39, Rules 1 and 2 — Tem­po­rary injunc­tion — Court apart from find­ing out prima facie case would con­sider bal­ance of con­ve­nience, irrepara­ble injury and a tri­able issue — Gift deed does not dis­close that appel­lant was adopted by deceased, but was described as fos­ter daugh­ter — Courts below did not apply their mind as regards bal­ance of con­ve­nience and irrepara­ble injury which may be suf­fered by appel­lant — Courts below also did not con­sider that com­mer­cial prop­erty was not put to any use and its con­di­tion would dete­ri­o­rate — Prima facie case of appel­lant that she would inherit 1/8 share in prop­erty — Appeal dis­posed of with cer­tain direc­tions. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com



Civil Procedure Code, 1908 - Order 39, Rules 1 and 2 - Temporary injunction

No comments:

Post a Comment

Trial