Civil Procedure Code, 1908, Order 22, Rule 5 -- Two persons claiming to be impleaded as LR's - Held, after summary enquiry the claimant having better right, to be substituted as plaintiff while the other claimant should be added as defendant leaving the final adjudication of rival claims for the hearing and disposal of suit - Such course need not be followed when one of..........
Succession Act, 1925, Section 372 -- Succession Certificate - Application is to be decided in a summary manner - It is not obligatory on court to make inquiry whether application is contested or not but court will be well advised to take some evidence - Objections not filed by appellant inspite of time taken - Certificate granted by court without recording evidence in such..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary trial - Leave to defend - Suit for recovery of liquidated amount based on dishonoured cheques - Forwarding letter issued by defendants alongwith cheques that they are in fulls final settlement of their account with plaintiff - Leave to defend - Not granted...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointed of mortgaged property - Receiver taking vacant possession after preliminary mortgage decree was passed - Receiver created tenancies without authorisation from Court and occupants claiming to be protected tenants - Court cannot recognize such tenancies as coming in the way of summary eviction of the..........
Civil Procedure Code, 1908, Order 37, Rule 3(6), 3(4) -- Summary suit - Defendant depositing amount as condition imposed to defend suit - Suit decreed - Amount is available to plaintiff towards decretal claim even if defendant is adjudicated as insolvent during pendency of suit...........
Criminal Procedure Code, 1973, Section 125 -- Both husband and wife deaf and dumb - Not a ground for summary rejection of the maintenance petition of wife...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit based on pronote - Defendant denying his signature on pronote - Triable issue arises - Unconditional leave to defend should be given...........
Civil Procedure Code, 1908, Order 37, Rule 1(2) -- Summary suit - Can be filed based on Bills of Exchange, Hundies & Promissory notes even when there is no promise to pay interest at a specified rate...........
Specific Relief Act, 1963, Section 6 -- Period of six months limitation which applies to summary suits does not apply to regular suits for possession...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13, 13A - - Suit in Civil Court challenging order under Section 7 of Assistant Collector 1st Grade upheld in appeal by Collector, on the ground that a question of title involved in proceedings under Section 7 but instead of deciding the same under Section 13A, summary order passed under Section 7 - Civil Court..........
