Civil Procedure Code, 1908, Section 10, 11, 12, Order 7, Rule 11, 13 -- Stay of second suit - Object of Section 10 - Only one suit on the same cause of action should be allowed to be proceeded with at the same time - After adjudication of first suit on merits - Fate of second suit would be determined by principles of res judicata - Principles of res judicata embodied Id..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit-Previous litigation pending between the parties before Revenue Court - Relief claimed in Revenue Court for conferring occupancy rights on plaintiff whereas in suit before Civil Court relief claimed for grant of permanent injunction to restrain defendants from interfering with their possession of suit land -..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1959, Section 7, 9, 10 - - Recovery by Collector under the Act - Defect in notice issued under Section 7 - Aggrieved person has to file appeal under Section 9 - Jurisdiction of Civil Court to entertain suit relating to recovery - Barred - Civil Procedure Code (5 of 1908), Section 9...........
Civil Procedure Code, 1908, Section 151 -- Pre-emption suit by minor - Court ordered deficiency in court-fee should be made good - Counsel for minor-plaintiff' made statement that deficiency in court-fee could not be made good and suit may be dismissed - Court rejected the plaint - Minor-pi a in tiff through another next friend filed petition under Section 151 for..........
Civil Procedure Code, 1908, Section 151, 2(2), 96 -- Suit for possession by pre-emption - Order for deposit of I/5th of pre-emption money - Amount deposited within time - Plaintiff taken ill and could not attend Court nor could he inform his counsel - Counsel stated that direction of Court not complied with - Court rejected the plaint - Application under Section 151 for..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - Not to be invoked when Code contains specific provisions which meets the necessities of the case - Party if neglects to avail himself of remedy provided in the Code - Court cannot make use of special provisions of Section 151...........
Civil Procedure Code, 1908, Section 100 -- as amended by Code of Civil Procedure (Amendment) Act, 1976 and Section 4(1) - Second Appeal - Admission and adjudication - Governed by Section 41 Punjab Courts Act - Excludes general provisions of Section 100 of the Cede in the same field - Section 4(1) of the Code saves provisions of Punjab Courts Act in general and specific..........
Civil Procedure Code, 1908, Order 42, Rule 2 -- as added by Punjab and Haryana High Court in exercise of its powers under Section 122 C. P. C. - Mandatory and not directory - Memorandum of second appeal - Must be accompanied by a copy of judgment of trial Court unless appellate Court dispenses therewith...........
Civil Procedure Code, 1908, Section 25 -- As amended by Code of Civil Procedure (Amendment) Act (104 of 1976) - Confers a new power on Supreme Court in widest terms - Phrase "expedient for the ends of justice" - Scope of - To be judged upon totality of facts and circumstances of a case - All High Courts (whether chartered or otherwise) in India stand on the same footing as..........
Punjab Pre-emption Act, 1913, Section 4 -- Court can enquire into true nature of transaction - Pre-emptor can lead evidence to establish that transaction in reality a sale and not exchange or gift - Vendor can defeat right of pre-emptor by all legitimate means - Transaction if capable of two interpretations - One which defeats right of pre-emptor should be accepted -..........
