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...........
Civil Procedure Code, 1908, Section 35B, 11, Order 9, Rule 8, 9 -- Suit for partition - Preliminary decree passed - Application for passing final decree dismissed under Section 35-B - Subsequently second application for passing final decree Not barred - As long as property remains joint, decree-holder entitled to claim its partition - Even a separate suit subsequently for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Amendment to plead application of Section 15(2) Punjab Pre-emption Act vis a-vis shares of female vendors and also to clarify in plaint that plaintiff son of husband's brother of certain vendors and brother's son of another vendor - Relationship which plaintiff wants to bring out in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be issued against a statutory authority performing its statutory functions - Contrary to spirit of Section 31 Specific Relief Act to grant injunction to restrain a statutory authority to stop obeying mandate of law which created it - Injunction cannot be granted to restrain any person from..........
Punjab Co-operative Societies Act, 1961, Section 63, 56 -- Execution in Civil Court of Award obtained by Central Co-operative Bank against Cooperative Society - Request made in execution proceedings that decretal amount be recovered by sale of property belonging to persons named - Objection accepted that decretal amount could not be recovered from property of named persons..........
Civil Procedure Code, 1908, Section 2(2), Order 41, Rule 3A, Rule 9 - - Order dismissing appeal after dismissal of application under Section 5 Limitation Act - Not a decree within meaning of Section 2(2) of Code - Not open to Court to extend meaning of word "decree" and include in it other kind of orders though they are similar to orders expressly included in the..........
