Civil Procedure Code, 1908, Section 47 -- Agreement pre-decreetal not to execute decree, subsequent to suit - Can be pleaded in bar of execution...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by disobeying an..........
Punjab Pre-emption Act, 1913, Section 11 -- Amount deposited or paid into Court by pre - emptor under the Act or Code of Civil Procedure - Not liable to attachment in execution of decree or order of a Civil, Criminal or Revenue Court or a Revenue Officer - Amount taken away against the provisions of Section 11 - Preemption suit cannot be defeated. Section 11 of the Punjab..........
Civil Procedure Code, 1908, Section 60 -- Wrongful attachment - Liability for damages. The goods in question belonged to the plaintiff and he was not in any way liable under the decree in execution, defendant No.1 at whose instance the warrant of attachment had been issued is liable to pay damages to the plaintiff for wrongful attachment resulting in unauthorised..........
Civil Procedure Code, 1908, Order 22, Rule 9, 11 -- Appeal - by joint J.D objectors to validity of execution sale. Appeal abating against some appellants, entire appeal abates...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Disobedience of decree for prohibitory injunction. The Court cannot invoke sub-section (5) to its aid (by appointing a Commissioner or by giving police aid to help the D.H. in execution the decree) in a case where there is no decree for mandatory injunction. Para 27)..........
Punjab Security of Land Tenures Rules, 1953, Rule 11, Punjab Tenancy Act, 1887, Section 85, Punjab Tenancy Rules, 1909, Rule 10 - - Powers of Revenue Officers under Punjab Security of Land Tenures Act - Same which Civil Court has for execution of decree of ejectment from or delivery of possession of that property - Revenue Officers under Punjab Security of Land Tenures Act..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Decree passed in ignorance of death of one of the appellants - Cannot be treated as a nullity - Can be set aside in appropriate proceedings - Not permissible to set aside the decree under Rule 21 of Order 4l, re - hear the case and decide the appeal afresh Even if the decree passed by the High Court in execution second..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Preemption decree is for possessio, Nature of possession that pre - emptor is entitled - To be determined by Executing Court - By sale tenancy rights do not come to an end. Once a plaintiff makes out his claim for pre-emption he is entitled to a decree. The form of the decree is prescribed under Order 20, rule 14, Civil..........
Punjab Town Improvement Trust Act, 1922, Section 26 -- Rehousing scheme for ousted tenants - Not necessary - Trust to decide whether it deems necessary to frame a scheme. Section 26 of the Punjab Town Improvement Act is only an enabling provision and it is for the Trust to decide in a particular case whether it deems necessary to frame a scheme for accommodation of the..........
