Civil Procedure Code, 1908, Section 100 -- Second appeal - Unwanted litigation - Government/defendants carved out a metalled road through land without either acquiring the same under the law or paying any compensation in lieu of it - Suit of plaintiffs rightly decreed by Courts below - To ensure that State and its offices are discouraged from going into such unwanted..........
Civil Procedure Code, 1908, Order 13, Rule 8 -- Impounding of document - Deficiency of stamp duty - To be decided before proceeding further - However, in case evidence is required to determine nature of document, it is reasonable to defer admissibility of document for insufficient stamp duty at the time of final decision in the suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Suit for eviction - Proposed amendments are only clarificatory in nature so as to obviate rejection of petition on ground that landlord has not disclosed the facts - Moreover, for the fault of office bearers/representative landlord should not be..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Suit for eviction - Whereever amendments are substantive or Court comes to a conclusion that effort is to delay disposal of application Courts would be justified in dismissing the petitions - Further, there can be cases where tenant with a view..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh on same cause of action - Relief cannot be split up by allowing withdrawal of suit and refusing liberty to institute fresh suit - Application U.O.23.R.1(3) CPC should be treated as a whole - Impugned order allowing withdrawal of suit and refusing liberty to institute fresh suit,..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from using sahan land as rasta and making it into brick soiling - Revenue records show that land in dispute is public Rasta - No findings arrived at with regard to title or claim of plaintiff to land in dispute to be used by him as sahan - Moreover, if temporary injunction..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession and recovery of mesne profits - Issues framed in the matter, evidence to be led, would be relevant and matter cannot be decided at this stage in an application U.O.7.R.11 CPC - Suit cannot be rejected at this stage, as parties are also relying upon oral agreement - Suit is almost at..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Condonation of delay - Delay of 20 days in filing leave to defend - It cannot be said that defendant had unduly delayed filing leave to defend application - Adequate reasons were stated in application for condonation of delay by defendant - Delay in filing leave to defend..........
