...registration of the suit on the application of non - applicant no. 1 to 9 (plaintiffs) in place of m. J. C. 12/98 registered on the application under section 94 of the cpc for grant of urgent relief.... (2) Facts of the case in brief are that non - applicants 1 to 9 (plaintiffs) have filed an application under section 94 of the cpc for grant of urgent relief of injunction without...filing the suit as the statutory period contemplated under section 80 (1) , cpc r/w section 94 of the m. P. Co - operative societies act was not complete. In reply to the...

...Rule 10 CPC was allowed, present petition has been filed.Short facts of the case are that petitioners filed a suit under Section 94 CPC for interim relief alongwith the suit...10 CPC, which was also allowed. Since life of that case registered as MJC is over and the suit filed by the petitioner is registered as Civil Suit, therefore, petition filed by the...petitioners is disposed of with a short direction that if in the regular suit application is filed by the respondent No. 4 under Order 1 Rule 10 CPC for impleading as party, then the...

...on such expression in Section 94, CPC, which expressly prohibits the issue of a temporary injunction in circumstances not covered by Order 39 or by any rules made under the Code, the Courts have..., an order passed under order xxxix rules 1 and 2, cpc. On the contrary, learned Counsel for the petitioner Shri Jitendra Sharma submits that it is an application under Section 151, CPC, on which the...objection. The fact remains that interim injunction was granted which could be granted under Order 39, Rules 1 and 2 of the CPC as also under the provisions of section 151, cpc...

...Section 94 CPC read with Order 38 Rules 1 and 2 for disobedience of the direction given by the Court. The Court passed the impugned order directing the defendant to execute the...Section 20 of the Specific Relief Act. A direction for execution of a sale deed could not have been issued by the Judge, if there was no decree...

...under Order XXXIX Rule 1 & 2 read with Section 94 CPC was also filed praying that the defendants be directed not to interfere with the peaceful possession of the plaintiff over the house, motor...-3, Tahsil Office Bhilai- 3, Sub-Tahsil Bhilai-3, Tahsil Patan, District Durg (C.G.) APPEAL UNbER SECTION 104 READ WITH ORDER 43 RULE 1 (D) OF THE CODE OF CIVIL PROCEbURE, 1908...

...so prescribed” in Section 94 CPC is to prescribe the circumstances in which courts can exercise or grant a particular relief and ordinarily the court is not to use its inherent powers to make the...have to ascertain whether the facts of the case fall under Order 39. That it is in the incidence of exercise of power of the court to issue temporary injunction that Section 94 has a role to play and that Section ...190 it has been held that a temporary injunction may be granted under Section 94(c) only if a case satisfies Order 39 Rule 1 and Rule 2. It is not correct to say that the court has two powers, one to grant temporary injunct...

...Section 151 read with Section 94 CPC for grant of assistance of the police for implementation of Order dated 30.6.2015. Reply was filed by the petitioner. Learned Civil Judge (Senior Divi...Rules 1 and 2 CPC for grant of ad-interim injunction against the petitioners. Interim order was passed by learned Civil Judge (Senior Division) on 23.6.2015. Copy of order was served upon the...

...under Section 94 of the CPC inasmuch, as Section 94 CPC does not completely prohibit the grant of temporary injunction in the circumstance which are otherwise not covered by order 39 and the rules..., there was no prohibition under the law for the Court to exercise its power for grant of temporary injunction under Section 94(c) of the CPC. 6. We are faced...because of the procedural requirement, is making attempts to dispossess the plaintiff, we are of the view that it would be a fit case for exercising the jurisdiction under Section 151 CPC by...

...petitioners that respondent no.1 filed an application under Section 94 of CPC for grant of temporary 1 injunction...Adhiniyam, 1972 (in short "Adhiniyam, 1972"), no suit against Krishi Upaj Mandi would lie unless and until a notice of 60 days is given. It is submitted that the application under Section 94 of CPC was...filed without issuing any notice under Section 67 of Adhiniyam, 1972 and accordingly, the application under Section 94 of CPC was not maintainable. The Trial Court did not commit any mistake by rejecting...

..., 1908 (CPC) as supplemental power of the civil Court. Section 94 CPC reads as under.94. Supplemental proceedings:— In order to prevent the ends of justice from being defeated..., even without there being Section 94 CPC or Order XXXIX in CPC, the power of the civil Court to grant injunction in a suit filed under sub-section (2) of Section 84 ca...is rendered nugatory. Therefore, on a true construction of sub-section (3) of Section 84 of the Act and Section 94 CPC, this Court is of the opinion that even in a suit...

...order 39 are supplementary proceedings contemplated under section 94 cpc. If the civil court cannot grant redress of reinstatement or enforcing the contractual service, it cannot grant the relief of...

...the provisions of Section 94 CPC, Section 151 CPC and also Order XXXIX Rules 1 and 2 CPC, which read as under: Section 94 CPC: ...passed under Order XXXIX Rules 1 and 2 CPC till the suit is restored to file. Now, coming to the provisions of Sections 94 and 151 of CPC, more particularly, Section 94(c) of... Section 151 CPC: 151. Saving of inherent powers of Court:- Nothing in this Code shal...

...condition for invocation of Order 38 Rule 5 CPC.6. Section 94 CPC which is the empowering provision relating to supplemental proceedings to prevent the ends of...the Courts regulating the exercise of that power.7. Section 94(b) is the source of power and the relevant rules are laid down in Order 38 Rule 5 CPC and allied rules...provision is Section 94(e) of the CPC. But there is no rule in the first schedule to CPC., enabling a Court to pass such order as could cover situation like the one on hand....

.... By means of the instant petition, the petitioner assails the order dated 1.10.2022 passed in Regular Suit No. 457 of 2006 whereby an application preferred by the petitioner under Section 94 CPC seeking...

...Section 151 and also under Section 94 CPC. He 5 places reliance on the judgment in the case of...INC, ADVS. ) MFA FILED U/O 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 17.4.2015 PASSED ON IA NO.1 IN MISC.NO.153/2015 ON THE FILE OF I/C...27THADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, REJECTING IA NO.1 FILED U/O 39, RULES 1 & 2 OF CPC AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE...

...interim relief of the nature of temporary injunction is contained in Section 94 CPC. It provides that in order to prevent the ends of justice from being defeated, the court, if so prescribed may issue...injunction order.Thus, the substantive law relating to injunctions is contained in Section 94 CPC and Sections 36 to 42 of Chapter 3 of the Specific Relief Act...applicable for grant of interim injunction as contained in Order XXXIX Rule 1 CPC would be applicable while granting protection as an interim measure under Section 9 of the Act...

...Developers Pvt. Ltd" whereby, the Trial Court in exercise of its power under Section 94 read with Section 151 of Code of Civil Procedure ('CPC') has attached a bank...counsel for the Respondent states that the Trial Court has exercised its jurisdiction under Section 94 read with Section 151 of CPC and more specifically under Section 94 (b) and (e) of ...Vareed Jacob v. Sosamma Geevarghese (2004) 6 SCC 378, to contend that the Trial Court has the requisite jurisdiction und...

...Judge Class II, Indore in Civil Suit No.1/2011, whereby application filed by the petitioner under Section 94 CPC read with Section 151 CPC was dismissed, was maintained...under Order XXXIX Rule 1 & 2 CPC was dismissed, was set aside and the injunction was granted in favour of the petitioner for a period of six months, present petition has been filed...in which an exparte decree was passed and possession was also taken. An application was filed by the petitioner under Order IX Rule 13 CPC, which was dismissed against...

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