Civil Procedure Code, 1908, Section 149, Order 7, Rule 11 -- Appeal - Provisions of Order 7 Rule 11 do not in terms apply to memoranda of appeal - Appeal presented with deficit court-fee - Court may grant time to make good the deficit court-fee under Section 149 in exercise of its discretion...........
Civil Procedure Code, 1908, Section 100, 102, 115 -- Suit for recovery of Rs. 275.50 - Small cause suit fried as regular suit - Second appeal - Not competent - To remand case for fresh trial by Small Cause Court after 15 years will result in manifest injustice - Second appeal treated as a revision under Section 115 - Provincial Small Cause Courts Act (9 of 1887), Section..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44 -- Suit in Civil Court for permanent injunction restraining defendants from cutting mango trees standing in the land in dispute on the grounds : (i) right of plaintiffs under declaratory decree obtained before consolidation of holdings remained intact, (ii) allotment made during..........
Civil Procedure Code, 1908, Section 115 -- Question whether proper court-fee paid by plaintiff - Revision by defendant - Not competent - Question of court-fee cannot be agitated by defendant in revision - Court Fees Act (7 of 1870), Section 7. (1973 P. L. j. 686 Followed)..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44, 23(1) -- Suit in Civil Court for possession of land allotted as a consequence of repartition in consolidation proceedings - Not barred - Statutory duty of Consolidation Officer to pot allottees of land in possession thereof - Failure to do so - Person allotted land entitled to avail..........
Punjab Tenancy Act, 1887, Section 77(3) -- Averment in plaint that plaintiff a tenant of the land in suit - Categorical denial by defendant of plaintiff's tenancy - Jurisdiction of Civil Court to entertain and try suit for possession - Not barred - Civil Procedure Code (5 of 1908), Section 9...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Authorities constituted under the Act acted without jurisdiction - Suit in Civil Court - Not barred - Civil Procedure Code (5 of 1908), Section 9...........
Civil Procedure Code, 1908, Section 144 -- Mandatory - Duty of Court when a decree has been reversed to cause restitution so as to place parties in their previous position - Pre-emption suit decreed and vendee's first appeal dismissed - Pre-emptor got possession of land in execution of preemption decree - Vendee's second appeal accepted and suit of pre-emptor dismissed -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Symbolic possession delivered in execution of decree-Decree deemed to hare been satisfied - Second execution application for actual possession - Does not lie - Fresh suit for actual possession - Not barred by Section 47 - Remedy for decree-holder after delivery of symbolic possession - By way of a fresh suit and..........
Civil Procedure Code, 1908, Section 115 -- Order appealable - No appeal filed Application u/s 151 filed to the same Court but rejected - No revision lies thereto - Held, that as in the present case the petition did not came up to this Court against the order striking out the written statement but he filed an application under section 151 CPC which was completely..........
