Punjab Land Revenue Act, 1887, Section 20 - - Service of notice when case relates to a large number of persons - Procedure as laid down in sub-section (3) of Section 20 to be followed - Mere proclamation - Not enough - Actual personal service on some of the persons interested - Necessary - Resort cannot be taken to provisions of Civil Procedure Code (Order 1 Rule 8) when..........
Civil Procedure Code, 1908, Section 100 -- Waiver - Not a question of fact but a question of law - Evidence can be gone into to find out if pre-emptor waived his right of pre-emption - No bar in re-appraising evidence on finding of waiver in second appeal - Evidence Act, Section 115...........
Punjab Co-operative Societies Act, 1961, Section 83 -- Exercise of compulsion by Registrar (which includes Assistant Registrar) against a person to produce documents - Competent - Registrar under Section 83 exercises powers of Civil Court regarding summoning and enforcing attendance of any person and requiring discovery and production of any document - Empowered to compel..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12 -- Suit for declaration under Section 12 - Objection that relief for possession by way of redemption cannot be granted - Not tenable - Relief of possession by redemption by way of a consequential relief - Court can grant - Civil Procedure Code, Order 7 Rule 7...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 47 -- Surplus area declaration challenged in Civil Court on the ground that no notice given to donees (sons) before declaring their land surplus in the hands of donor (father) - Order declaring surplus area, where no notice given to necessary parties, voidable and not void ab initio - jurisdiction of Civil Court to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Mistake brought to notice of plaintiff on 20th July, 1982, that Sunder Singh not a vendee and that Minder Singh vendee not impleaded - Replication filed on 20th September, 1982, in which plaintiff insisted that Sunder Singh and Minder..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit claiming decree for correction of entries in Jamabandis - Relief as claimed though could not be granted by Civil Court but declaratory decree of rights of plaintiff could certainly be passed if plaintiff succeeded in substantiating the pleas - Proper relief even if not..........
Civil Procedure Code, 1908, Order 1, Rule 10 - - Impleading of legal representatives of deceased defendant who died prior to filing of suit - Court if of opinion that omission to implead was the result of a mistake made in good faith - Can order suit to be deemed to have been instituted on any earlier date against party added later on - Mistake committed in good faith,..........
Punjab Tenancy Act, 1887, Section 77(3)(n), 14 -- Mesne profits decree, execution of - Civil Court jurisdiction to grant decree for mesne profits - Barred - Claim of mesne profits by landowner (landlord) from person in occupation for use of land - Covered by Section 77(3)(n) read with Section 14 - Civil Court debarred from entertaining suit for recovery of mesne profits -..........
Punjab Tenancy Act, 1887, Section 50, 77(3)(g) -- Suit in Civil Court for correction of entries in revenue record and for recovery of possession - Maintainability of - For first relief of correction of entries in revenue record Civil Court has jurisdiction - For second relief of recovery of possession also Civil Court will have jurisdiction since a composite suit wherein..........
