Partnership act, 1932, Section 69(2) -- Suit filed by unregistered firm - During pendency of suit firm registered - Suit is not liable to be dismissed for want of registration on date of suit - Suit can be deemed to have been instituted on date of registration and can be continued - Limitation starts from the date of registration of the firm and not from the date of filing..........
Civil Procedure Code, 1908, Order 21, Rule 57(2) -- Determination of attach-ment-Execution application dismissed as withdrawn - Court did not issue any directions that attachment will not lapse - Attachment shall be deemed to have ceased...........
Civil Procedure Code, 1908, Section 11 -- Exln.IV - Res-judicata - Previous suit for declaration of title not possession dismissed on ground that the suit property is mortgaged-Subsequent suit for redemption of mortgage-In the previous suit question as to entitlement of mortgage and possession of plaintiff was not gone into and the suit was dismissed on the ground that the..........
Evidence Act, 1872, Section 17 -- Admission - Allegations of mala fide - Not controverted - Would be deemed to have been admitted...........
Civil Procedure Code, 1908, Section 34 -- Future interest - not allowed in the decree - Executing Court cannot allow the same - If the decree is silent with respect of future interest, it will be deemed to have been refused...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Land Acquisition Act, 1894 - Cross objections pending - Land Acquisition proceedings must be deemed to be pending - Awardee entitled to all the benefits flowing from the amendment of Land Acquisition Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4A), Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Suit under Order 1 Rule 8 for possession by way of partition of land - Land recorded as Abadi Deh Ghair Mumkin in revenue record - Gram Panchayat a necessary party when land formed part of Shamilat Deh - Gram Panchayat not made a party - Cannot be..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14 - - Resettled tenant on surplus area of landowner - Surplus area utilised deemed to have vested in State Government with effect from appointed day 24.1.1971-No right with landowner to get resettled tenant ejected on account of no, payment of rent -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11, 4(1) -- Question whether property or any right or interest therein is or is not Shamilat Deh vested in Gram Panchayat - Civil Court has no jurisdiction to decide - Share of evacuees in Shamilat land of village from which Muslims had migrated - Does not vest in Custodian - Ownership of such land of Gram..........
Civil Procedure Code, 1908, Section 11 -- Question of res judicata - Has to be specially pleaded - Question whether or not earlier judgment operates as res judicata in proceedings resulting in a subsequent decision - Not jurisdictional in nature - Party if chooses not to plead facts on proof of which plea of res judicata dependent - Deemed to have waived off plea of res..........
