Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ex parte ad interim injunction - Suit for partition - Defendants were negotiating to sell the property in dispute and change the nature of land by raising construction - There was an urgency in the matter as nature of property in suit is required to be maintained - In case any construction is raised it will create..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13 -- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well..........
Punjab Land Revenue Act, 1887, Section 20 -- Partition case filed before Tehsildar - Case decided ex parte against petitioner - Ex parte order confirmed in appeal as well in revision - Petitioner impugned order rendered in appeal as well as in revision by way of writ petition - It was not the case set up by petitioner that procedure as envisaged u/s 20 of the Act for..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Punjab Land Revenue Act, 1887, Section 121 -- Bar of jurisdiction of Revenue Courts after completion of partition proceedings - Partition of joint land - One party proceeded ex-parte - Partition proceedings completed - 'Sanad Takhsim' issued and possession delivered - Orders challenged - Proper forum to challenge partition proceedings, High Court under Article 226/227 of..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of Joint Land - One party proceeded ex-parte - Partition proceedings completed - Possession delivered - Parties using there respective shares - Orders challenged - Party failed to show in what manner injustice cause to them by partitioning of land - No rights infringed - No intereference..........
Punjab Land Revenue Act, 1887, Section 16 -- Concealment of facts - Partition proceedings - Some respondents proceeded ex-parte - AC Ist ordered partition of land - Application for setting aside ex-parte order - Dismissed - No appeal filed - Appeal filed against original order of partition - Allowed by Collector vide non speaking order - Upheld by Commissioner - Respondent..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of joint land - Respondent proceeded ex-parte - Immediately on next date of hearing moved application for setting aside ex-parte proceedings - AC without deciding application for setting aside ex-parte proceedings, within 2 months, without preparing mode of partition called for and..........
Punjab Land Revenue Act, 1887, Section 113, 20, 21 -- Co - sharer not served notice of partition proceedings by Assistant Collector - Since co - sharer not given opportunity of being heard - Due process of law not completed at the level of Assistant Collector whose act of proceeding ex parte against co - sharer was wrong - Any decision by Assistant Collector would be..........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Ex parte proceedings in partition case - Setting aside of - When a person against whom ex parte proceedings have been initiated, appears before the Revenue Officer with a request that he be allowed to participate in the proceedings - Permission has to be granted - Cannot relegate the..........
