Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Principles of res judicata - Applicable to proceedings under Section 7 - Earlier application of Gram Panchayat for ejectment of D and B from Khasra No. 11/3/1 measuring 1 Kanal 16 Marlas dismissed by Assistant Collector 1st Grade - Later application by N for ejectment of D and his son A being in unauthorised..........
Punjab Tenancy Act, 1887, Section 80, 82, 84 -- Appeal or review or revision - No right of a person who is not a party to proceedings - A person not a party may prefer appeal with leave of Appellate Court if he would be prejudicially affected by judgment and if it would be binding on him as res Judicata under Explanation 6 of Section 11 Civil Procedure Code...........
Jurisdiction -- Tribunal of limited jurisdiction - Civil Court jurisdiction expressly barred by statute - Order passed by Tribunal of special jurisdiction in violation of provisions of statute or principles of natural justice - A nullity - Open to challenge in Civil Court even if statute expressly bars jurisdiction of Civil Court to entertain suit to challenge validity or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Ad interim injunction restraining defendant from committing a breach in which plaintiff acquiesced or from doing business on premises for which let out or being carried on from very inception of transaction - Not permissible - Plaintiff debarred by provisions of clauses..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No limitation on discretion of Court as envisaged in various clauses of Section 41 Specific Relief Act - Not permissible for Court to grant ad interim injunction by way of temporary relief pending disposal of suit if grant of perpetual injunction as claimed in suit barred by provisions of Section 41..........
Civil Procedure Code, 1908, Section 10 -- Court competent to suo motu stay proceedings in second suit - Section 10 makes it incumbent upon Court to stay proceedings of any suit in which matter in issue also directly and substantially in issue in a previously instituted suit between the same parties - No option in this matter left to trial Court - Brought to notice of trial..........
East Punjab Utilisation of Lands Act, 1949, Section 6(4) -- Suit in Civil Court for possession of agricultural land alleging that defendants in possession of suit land on the basis of a Patta given by Collector under provisions of the Act from Kharif 1946 to Rabi 1966, after expiry of period of Patta defendants not vacated land and as such became trespassers - Defendants..........
Civil Procedure Code, 1908, Section 115, 35B -- Revision against order debarring defence for failure to comply with order under Section 35 B and decreeing suit - Maintainability of - Inspite of the fact that order allowing application under Section 35-B resulted in a decree, such order falls within ambit of phrase "any case which has been decided" - Revision maintainable...........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs on the date next following date of order of payment of costs - Issue neither raised by either of the parties or taken notice of by Court - Cannot be raised on every subsequent date to press into service provisions of Section 35-B...........
Partition -- Right to enforce partition - Continuous right - Enures so long as joint tenancy continues - Suit for partition dismissed for default - Does not bar a subsequent suit for partition - Order of dismissal for default cannot amount to res judicata - Civil Procedure Code, Section 11 and Order 9 Rules 8 and 9...........
