Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Declined by trial Court - Appeal against order dismissing application U.O.39.Rr.1, 2 CPC filed beyond the statutory period of 30 days - No justification either in pleadings or during course of arguments for not filing statutory appeal within stipulated time despite copy of order having been supplied..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Suit for fixation of rent - Tenant sought permission of Court to appoint his brother as special power agent by assigning all power pertaining to suit including to give evidence - Both power agent and tenant are doing business together as partners in premises - Power agent can appear before Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendant trying to alter nature of ancestral unpartitioned property - Trial Court directed to decide the application for interim injunction within a period of three months - Parties shall maintain status quo till application for interim injunction is decided by trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction and not to create third party right - Suit for possession on basis of title - Construction was already been made on suit property - Suit is still pending and it is yet to be decided as to whether plaintiffs are entitled to possession of land in question based upon..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Title of either of parties prima facie not clear - Parties to maintain status quo in the interest of justice and in the interest of peace and harmony...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction over common land - Till date no demarcation whatsoever has taken place in the property in question - Ad interim injunction rightly granted and appeal thereagainst was rightly rejected...........
Evidence Act, 1872, Section 126, Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning as a witness of erstwhile lawyer of predecessor-in-interest of defendant - Factual information sought from erstwhile lawyer with regard to an alleged compromise between parties and/or whether said lawyer ever witnessed any such compromise and/or whether his client entered into..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 6 -- Summoning of record - Application filed by defendant lacks bona fides and same has been filed only to protract proceedings - Trial Court after elaborate consideration of matter and referring to all relevant facts and circumstances rejected application - No error apparent on face of record - Application rightly..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 1, 14 -- Anticipatory bail - Recovery of illicit liquor - Non-joining of independent witness in terms of S.100 Cr.P.C - No other case under Punjab Excise Act is pending against petitioner except two cases under IPC - Anticipatory bail granted with conditions...........