Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 1, 10, 13 -- Objection in written statement that suit liable to be dismissed because of no, impleading of State a necessary party - Application under Order 23 Rule 1 for withdrawing suit with permission to file a fresh one-Allowed since State a necessary party and suit against State..........
Civil Procedure Code, 1908, Section 80 -- Want of notice - A technical defect - Provisions of Section 80 express, explicit and mandatory and admit of no implications or exceptions...........
Civil Procedure Code, 1908, Section 148, Order 20, Rule 14 - - Deposit of sale price less by Re. 1/- by pre-emptor-decree-holder - Decree-holder deposited amount from time to time as directed by Court - Absolutely no reason why decree-holder would not have deposited Re. 1/- unless it was due to a mistake - Mistake a bona fide one - Court ought to exercise its discretionary..........
Civil Procedure Code, 1908, Section 34 -- No future interest can be granted on amount claimed by way of interest - Court under Section 34 can order interest on principal sum adjudged from date of suit and not on amount of interest...........
Civil Procedure Code, 1908, Section 35B -- Request for taking action under Section 35-B - Should be decided forthwith - Adjourning of case for filing of reply etc. - Should be avoided as far as possible - Court by not deciding matter under Section 35-B forthwith - Commits serious error inasmuch as it will be taken that defendant waived the point - Not following correct..........
Pepsu Utilisation of Surplus Area Scheme,1960 -- Paragraph 14 as added by Notification dated 4th June, 1965 - Review of order passed earlier to date of conferment of power of review - Competent - Nar Singh's case 1980 P. L. J. 587 Over-Ruled - Power of review provided for in Scheme more or less analogous to power vested in Civil Court under Section 152 Civil Procedure..........
Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit for permanent injunction in Civil Court restraining Gram Panchayat from dispossessing forcibly from land which vested in Gram Panchayat - Theka of land auctioned yearly by Gram Panchayat and different persons used to occupy land on yearly basis - Person who took the lease for a particular year - Cannot be said to be a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Pre-emptors claiming superior right of pre-emption as sons of female vendor and brothers of other vendor - Amendment of plaint after expiry of period of limitation seeking to add that female vendor succeeded to her share through her husband i. e. inherited it from her husband - Cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, 11 -- application by transferee (assignee) from defendant for being impleaded as party to the cause -Should ordinarily be granted - Provisions of Rules 10 and 11 of Order 22 of enabling character and entitles assignee to make application for being impleaded during pendency of suit..........
Punjab Land Revenue Act, 1887, Section 158(2)(xiv) -- Prohibition not applicable to claims of persons other than defaulter - Agreement entered into between Co-operative Society through its Secretary and Department of Government - Recovery of amount from Secretary of Co operative Society - Secretary of Co operative Society would be a defaulter if : (i) agreement entered..........
