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..........
Punjab Tenancy Act, 1887, Section 100, 73(3)(g) -- Suit filed in Revenue Court for correction of Khasra Girdavaris and Jamabindis - Dismissed as not maintainable with observations may seek remedy by filing suit in competent Co art - Forcibly dispossessed thereafter - Suit in Civil Court for correction of entries in revenue record and for recovery of possession - Suit for..........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 5, 18, 19 -- Suit in Civil Court for recovery of principal amount and interest on the basis of Bahi entry - Defendant claiming himself to be agricultural labourer, total income not more than Rs. 2000/-, debt stands discharged under the Act and suit not maintainable - Plaintiff contested claim of defendant - Not..........
Limitation Act, 1963, Article 136, 137 -- Application under Section 144 Civil Procedure Code for restitution - Limitation 12 years - Application for restitution being application for execution governed by Article 136 and not Article 137- Gurbachan Singh's case 1978 P. L. J. 364 cot good law in view of Supreme Court judgment in Mahijibhai Mohanbhai Barot's case A. I. R...........
Punjab Tenancy Act, 1887, Section 14, 77(3)(n) -- Suit in Civil Court for recovery of mesne profits against occupant on the allegation that occupant of land trespasser and not a tenant thereby denying relationship of landlord and tenant- Not barred by provisions of Sections 14 and 77(3)(n) - Section 14 comes into play only when owner of land deems himself to be landlord of..........
Land Acquisition Act, 1894, Section 9, 18, 25, 53 -- Amendment of (i) claim petition filed before Collector in reply to notice under Section 9, and (ii) written statement filed in reply to reference of State Government - Claim petition filed before Collector in reply to notice under Section 9 and claim application under Section 18 filed before Collector for reference to..........
