Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 47, Rule 4 -- Revision to High Court u/s 115 only if no appeal to High Court lies thereto Appeal against an order when lies to the District Court and to the High Court, revision against the said order before the High Court is maintainable and cannot be rejected as incompetent - Held that `Now..........
Civil Procedure Code, 1908, Section 149, 148, Order 7, Rule 11 -- Appeal - Provisions of Order 7 Rule 11 equally applicable to appeals as to a plaint in a suit - Appellant has a right to make up deficiency of Court-fee on memorandum of appeal and its accompanying documents - Sections 148 and 149 equally attracted to appeals presented to High Court or Courts below as also..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 4 -- Encroachment on public place - Removal of - No action taken by Gram Panchayat - Suit in Civil Court by some of the villagers - Locus standi to sue - Section 91 Civil Procedure Code applicable - Suit neither filed by Advocate-General nor consent obtained of Advocate-General in writing before filing of..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Possession can be taken even if no application for restitution of possession under Section 144 - Section 144 one of the modes of restitution of possession - Possession can be taken by other legal means - Suit for possession decreed - Possession of suit land taken - Appeal accepted and decree of trial..........
Civil Procedure Code, 1908, Section 11 -- Explanation IV - Interpretation and scope of - Pleas which ought to have been raised in the former suit - Explained.
The pleas that will make a suit bad for multifariousness or the pleas that will arrest the trial thereof, or the pleas the evidence in support of which is such as might be destructive of other pleas, or the pleas..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii) -- Provides two separate causes of eviction : (t) if building required to carry out any building work at the instance of Government or Local Authorities or Improvement Trust; and (2) if building has become unsafe or unfit for human habitation - Earlier eviction application with reference to first ground of..........
High Court Rules and Orders, Rule 7 -- Vol. V, Chapter 1-A - Directory and not mandatory - Revision - Filing of certified copy of decree or order or judgment passed by lower Court - High Court can dispense with its production - Can entertain revision petition in the absence of a copy of order or judgment sought to be revised or allow late production of such copy - Civil..........
Civil Procedure Code, 1908, Order 21, Rule 63 -- Suit filed by objectors - Plea by creditors (judgment-holders) that aliena tion by judgment-debtor a sham transaction - Competent - Creditor (judgment-holder) can take plea in his defence which he can take in a suit under Section 53 Transfer of Property Act...........
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11 -- Rejection of plaint - Deficit court fee - Appeal - (1)O.7.R.11 CPC does not apply to appeals and the appellant need not be given any opportunity to pay the deficit court-fee before rejecting the appeal; (2) that for the purposes of an appeal filed with insufficient court-fee, resort has to be had only to S.149 of..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Applicability - By S.11 CPC, in so far as relevant, no court shall try any suit or issue in which matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties and had been heard and finally decided. Explanation I to the section provides that the..........
