...been appointed to record the cross-examination of the parties.5. The plaintiff presses for interim relief under section 9a(2) of the cpc. Section ...Court cannot do. Hence the Court must grant interim relief, if any, under Sub-section 2 of Section 9A only if it could be granted without hear...the preliminary issue of jurisdiction under Section 9A, the Court may grant such interim relief as it may consider necessary pending the decision under preliminary issue....

...86(i)(b) of the Amending Act 104 of 1976 with effect from February 1, 1977. Earlier thereto there was no express power except the inherent power under Section 151 CPC to grant ad interim ...ad interim injunction, is to preserve the subject matter of the suit in the status quo for the time being. It is settled law that the grant of injunction is a discretionary relief. The exercise...the relief asked for by the plaintiff/defendant; (2) the court's interference is necessary to protect the party from the species of injury. In other words, irreparable injury or damage would ensue...

....6. On 20-6-2003, the respondent herein filed an application under Section 10 read with Section 151 CPC, in the said Suit No. 1732 of 1995. By the said application, the responden...application for stay under Section 10 CPC. The said civil revision petition was opposed by the appellant inter alia on the ground of non-applicability of Section 10 CPC to the facts ...respondent under Section 10 read with Section 151 CPC seeking stay of Civil Suit No. 1732 of 1995 in the Court of City Civil Judge, Bangalore, was maintainable....

...cases, where an order granting an ad-interim relief has been passed under sub-section (2) of section 9A prior to its deletion, such order shall be dee...has been dismissed finally; and(d) providing that an adinterim relief granted under subsection (2) of section 9A prior to its deletion to be treated as an ad-interim order...granted under sub-section (2) of section 9A prior to its deletion to be treated as an ad-interim order in the interim application made under ...

...stated earlier, on appeal under Section 43(r) CPC allowed the appeal and granted ad interim injunction pending disposal of the suit. The High Court in the Special Civil Application under Article 2...this appeal lie in a short compass.2. The Poona Municipality has undertaken widening of the road to remove traffic congestion and initiated proceedings under Section 4(1) of...Rajinder Sachar, learned Senior Counsel for the appellants contended that under Section 115 CPC, High Court has power of revision where the appeal is not provided for either to it or subordinate court...

...there is no specific provision which prohibits the grant of relief sought in an application filed under Section 151 of the Code, the courts have all the necessary powers under ...Civil Court at Chennai in IA No. 20651 of 2001 in OS No. 4212 of 1995. The said IA filed under Section 151 CPC by the appellant herein was for the dismissal of the suit OS No. 4212 of 199...for an interim injunction restraining the appellant from interfering with the agency of the respondent. The trial court by an order dated 24-11-1995 was pleased to grant interim relief sought for by...

...-section (2) of Section 80 CPC were not attracted on the pleaded facts and, therefore, in the absence of requisite notice under sub-section (1) of Section 80, t...maintainability of the suit for want of notice under Section 80 CPC and further having failed to challenge the orders passed by the trial court, allowing the applications filed under ...official capacity, may be instituted, with the leave of the court, without serving any notice as required by sub-section (1); but the court shall not grant relief in the suit, whether interim or...

...in reality, it is found to be without any basis. Section 80(2) CPC permits the suit to be filed where urgent interim relief is sought by seeking the leave of the court. The proviso to ...aforesaid paragraph refers to Section 80(2) of the Code, which permits the suit, praying urgent interim relief, to be filed by seeking the leave of the court. The proviso to Section 80(...contemplate urgent interim relief, cannot be instituted without exhaustion of pre-institution mediation, as required under Section 12A(1) of the Commercial Courts Act, 2015. As noted above, the Su...

...itself. Section 3(4) further stipulates that in all cases, where an order granting ad-interim relief has been passed under sub-section 2 of Section ...Section 9A of the CPC is decided in a time-bound programme. In these circumstances, this Court directed the Trial Court to hear and decide the preliminary issue under Section 9A latest by...Section 9A issue, was to continue till the said preliminary issue was decided by the Trial Court.2. It appears that till date the said issue has not been decided and in fact now Section ...

...151 of the Code of Civil Procedure, 1908 (in short “CPC”) for placing on record certain documents and the other under Order 18 Rule 17 read with Section 151 CPC for seeking permission to recall PW...forward with such an application to avoid the final judgment against it. Such course is not permissible even with the aid of Section 151 CPC.16. Under these...with Section 151 CPC and another application under Order 7 Rule 14 read with Section 151 CPC? The trial court dismissed both the applications, however, the High Court by the impugned order CM (M) No...

...or order complained of was one that is granted by the court under Order 39 Rules 1 and 2 CPC, which is naturally to enure during the pendency of the suit. However, once a suit is decreed, the ...(hereinafter called as “the 1971 Act”), have been taken without adverting to the procedure known in law.2. This criminal appeal has been preferred under Section 19(1)(b) of...the decree of the civil court dated 12-5-2003. Thus, the question does arise as to whether the application under Order 39 Rule 2-A CPC or under the 1971 Act could be entertained by the civil court and...

...P.C:This appeal is filed against the order of the learned Single Judge framing a preliminary issue under section 9A of the Code of Civil Procedure, 1908....footing. Section 9A postulates that where at the stage of granting or setting aside the order of interim relief, an objection to the jurisdiction of the Court to entertain such a suit is ...learned counsel appearing on behalf of the Appellants submits that when a preliminary issue is framed under Section 9A, the defence should not be looked at and it is only on a reading of the plaint...

...Respondents will file a reply to the Application filed by the Petitioner under Section 9A of the Code of Civil Procedure, 1908 (For short “CPC”) on or before 21.03.2017 ...serve a copy thereof on the other side during that period. Learned counsel for the parties state that hearing of the Application under Section 9A of CPC is fixed on 24.03.2017 They will not seek a...adjournment and proceed to argue the matter on that date.3. In view thereof, the learned trial Judge to decide the Application filed by the Petitioner under Section 9A of CPC as early as...

...case may be. A remedy of complaint has been provided to the aggrieved consumer defined under Section 2(d) of the Act. The expression "complaint" has been defined under Section 2(...been defined under Section 2(b) of the Act. Section 12 prescribes the manner in which the complaint shall be made. Section 24-A provides for the period of limitation within which the comp...Sub-section (1) of Section 2, the provisions of Rule 8 of Order 1 of the First Schedule to the CPC, 1908 shall apply subject to the modification that every reference therein to a...

...Manohar Lal Chopra v. Seth Hiralal AIR 1962 SC 527 this Court examined the issue with respect to whether the court is competent to grant interim relief ...court dated 20-2-2002 by which it had rejected the application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”), for setting asid..., he filed an application under Order 9 Rule 13 read with Section 151 CPC, for the purpose of setting aside the said award dated 22-5-2000. The Tribunal vide order dated 20-2-2002, rejected the said...

...the Specific Relief Act, 1963 the court has a discretion to decree specific performance of the agreement. The plaintiff may also claim compensation under Section 21 or any other relief to which he may...interim order dated 13-7-1994 passed in one of the appeals, the High Court directed execution of decree under appeal to remain stayed subject to the appellants depositing an amount of Rs 80,000 on or...the appellants before the High Court was that the first appellate court could not have, in the purported exercise of power under Order 41 Rule 33 CPC, reversed the decree in respect of the refund of...

...the provision of section 9a is inconsistent with the provision of Order 14, Rule 2. The main object or the underlying idea under both the provisions is that if the ...contained in sub-section (1), at the hearing of any such application, the Court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as ...operating in the same field. The same are required to be invoked at different stages. From opening sentence of section 9A namely “where at the hearing of application relating to ad interim relief ...

...mother Smt Hira Devi and that a declaration to that effect was already given by the civil court in another decree dated 29-3-1974. He filed an application under Order 39 Rule 1 CPC for ad interim...be interdicted asserting their right to the property through their mother. Pending suit, they had alienated the property to the respondents. It is hit by the doctrine of lis pendens under Section 52...predecessor-in-interest. Therefore, the High Court was right in bringing them on record under Order 1 Rule 10 CPC. She placed reliance on the judgment of this Court in...

...grant of occupancy rights in favour of the plaintiff's vendor under section 9A of the Act was contrary to its import. It was argued by him that the plaintiff's vendor being a purchaser, c...rendered by the Karnataka High Court, whereby an appeal under section 100 of the Civil Procedure Code, 1908 (“CPC”, hereafter) was allowed, resulting in restoration of the decree passed by the Trial Court...land.iv) The plaintiff's vendor applied under section 9A of the Act and sought occupancy rights in respect of 15 acres of Sy. No. 3. According to the plaintiff, the cl...