Civil Procedure Code, 1908, Section 11, Order 9, Rule 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Second application under Section 7 - First application under Section 7 dismissed for default - Second application not barred - Principle of res judicata can be invoked only if a decision on merits has been made and not otherwise...........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Decree-holder if fails to deposit amount within time allowed - Section 28 provides for such a situation - Effect not provided for in Rule 12-A of Order 20 Civil Procedure Code - Section 28 itself inter alia provides for extension of time - Decree for specific performance directed..........
Civil Procedure Code, 1908, Section 35B, 151, 148 -- Whether a Court which passes order under Section 35-B striking off defence fox- not paying costs, can recall/review its order and/or extend time for payment of costs under Section 151 and/or Section 148, on sufficient cause being shown - Application for recalling order passed under Section 35-B maintainable under Section..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 12(2), Article 122 -- Application for restoration of suit dismissed in default - Exclusion of period spent in obtaining certified copy of order under Section 12 Limitation Act - Not permissible - Application for restoration not covered under Section 12(2) Limitation Act - Article 122 Limitation Act..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal of suit (for declaration and injunction) for default of appearance as well as under Section 35B - Application for restoration filed beyond 30 days (time spent in obtaining certified copy of order cannot be claimed under Section 12(2) Limitation Act) - Should have been allowed on payment of heavy costs...........
Land Acquisition Act, 1894, Section 18, 9, 30, 53, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading as a party to reference for enhancement of compensation - Not permissible- No confined in two decisions Niranjan Singh's case 1984 PLJ 200 and Bhag Singh's case 1984 P L. J. 279- Jurisdiction of Court confined to reference made to it by Collector under Section 18 -..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of judgment-debtor - Cannot be ordered unless one of the conditions specified in Proviso to Section 51 satisfied...........
Hindu Marriage Act, 1955, Section 13(1)(iii), Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Petition by husband for divorce on ground of unsoundness of mind on the part of the wife - not allowed - in the High Court at the Letters Patent stage amendment application to convert the original petition to be one for divorce by mutual consent - allowed - from the..........
Punjab Municipal Corporation Act, 1976, Section 396, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Non-issuance of notice - Proceedings under Section 269 not taken after notice to person in occupation (tenant) - No order against tenant- Not incumbent on tenant to issue notice under Section 3, 6- Sub-section (3) provides for no, issuance of notice in a suit for..........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit to restrain defendants from interfering with possession of plaintiffs as tenants over land in dispute - Finding recorded under Section 145 Code of Criminal Procedure that de fendants in possession of land - Open to Civil Court to upset finding of possession recorded in proceedings under Section 145 Code of Criminal..........
