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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2 -- On amendment and addition in issues a fresh opportunity for production of documents should be granted - In the interest of justice, the court can admit oral or documentary evidence at all stages of the suit as to payment of costs or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1974
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g)(vi) -- Houses constructed on shamilat deh - Ejectment from land being in unauthorised possession - Not competent under Section 7 - -Land outside abadi deh used as gitwar, bara, manure pit or house or for cottage industry excluded from operation of Act under Section 2(g)(vi).
Where the Gram Panchayat..........

RAJASTHAN HIGH COURT

Year of decision: 1974
Details

Civil Procedure Code, 1908, Order 22, Rule 2 -- Right to sue partly surviving, when entitled to proceed with appeal - Two plaintiffs - Cause of action partly common to both plaintiffs and partly personal to one plaintiffs - On death personal cause of action perishing with him and the other cause of action surviving to the other plaintiffs is entitled to proceed with..........

PATNA HIGH COURT

Year of decision: 1973
Details

Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence cannot be looked into beyond pleading...........

ALLAHABAD HIGH COURT

Year of decision: 1973
Details

Civil Procedure Code, 1908, Order 39, Rule 2 -- Grant of temporary injunction - Prima-facie case and balance of convenience are two conditions which must co-exist...........

SUPREME COURT OF INDIA

Year of decision: 1973
Details

Civil Procedure Code, 1908, Order 6, Rule 2 -- Petition to be read as a whole - Court not to took to its form or pick out from it isolated words or sentences...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1973
Details

Civil Procedure Code, 1908, Section 11, Order 6, Rule 2 -- Finding recorded on a matter by the Court in absence of pleadings - Obiter dicta.
Findings recorded on a matter by a Court in the absence of pleadings thereon is obiter dicta. (Para 8)
Where in a pre - emption suit the vendee did not lead evidence that he was a tenant of the land in dispute and did not raise..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1973
Details

Civil Procedure Code, 1908, Order 39, Rule 2 -- Temporary injunction - Court merely to see existence of a prima facie case.
For the purpose of granting the application for the grant of a temporary injunction the Court has merely to see the existence of a prima facie case and the stands taken by the contending parties are not to be proved in such a manner that a final..........

MADHYA PRADESH HIGH COURT

Year of decision: 1973
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of temporary injunction restraining the Decree Holder from executing the decree - Since initial presumption of prima facie title in favour of the Decree holder, it would not be proper for the Court to grant a temporary injunction ex-parte without giving the decree-holder an opportunity of being heard unless there are..........

ORISSA HIGH COURT

Year of decision: 1973
Details

Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleading should not be allowed...........

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