Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 8 & 42---Civil Procedure Code (V of 1908), O.VI, R.17---Suit for declaration of title to suit-land---Application for amendment of plaint to add therein prayer of possession---Validity---Amendment could be allowed to avoid multiplicity of proceedings and determine real matter in controversy---Such prayer being a consequential relief to such declaration would not change nature and complexion of suit and cause of action---Application was accepted in circumstances. (b) Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and possession---Illegal dispossession of plaintiff from State land who alleged himself to be sub-lessee under original lessee for un-expired period of lease---Temporary injunction to restrain authority from creating third party interest in suit-land till expiry of lease period, application for---Validity---Authority had not initiated action for cancellation of original lease on ground of violation of its terms and conditions---Plaintiff had right to claim possession of suit-land on basis of documents annexed with plaint---If suit-land was further encumbered or alienated, then same would create problems in executing decree to be passed in suit---Corpus of litigation would be preserved during pendency of suit---Plaintiff had made out a prima facie case and would suffer irreparable loss in case of refusal of injunction prayed for---Application was accepted in circumstances. (c) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Temporary injunction, grant of---Essential conditions---Plaintiff had to make out a prima facie case and to show that in case of refusal of injunction, he would suffer irreparable loss. (d) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr.1 & 2---Temporary injunction, grant of---Purpose---Corpus of litigation would be preserved during pendency of proceedings. (e) Civil Procedure Code (V of 1908)--- ----O. I, Rr.3 & 10(2)---Specific allegations and prayer made against a party---Effect---Such party could not be said to be unnecessary and improper party to…

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