Civil Procedure Code, 1908, Section 10 -- The purpose of the section is to avoid conflict of decisions - Adjudicating upon two or more parallel suits in which the matter is substantially the same...........
Civil Procedure Code, 1908, Section 98(2) -- Difference of opinion of judges constituting the bench - The binding nature thereof - A finding of fact recorded by the courts below cannot be interfered with when there is a difference of opinion between the Judges constituting the Bench. In such a case sub-section 2 of S.98 will be applicable as respects that finding alone on..........
Civil Procedure Code, 1908, Section 11, 47(3) -- The question regarding who is Legal Representative decided finally by executing Court - Decision of executing Court is Decree and would operate Res-judicata - Words for the purposes of this Section in S.47(3) does not exclude the operation of S.11 CPC...........
Civil Procedure Code, 1908, Section 99, Order 1, Rule 8, Civil Procedure Code, 1908, Order 22, Rule 33 -- Suit in representative capacity decreed - Appeal by defendants - Objection by defendants that two person who have been permitted to sue in representative capacity died during the pendency of the suit and the suit had abated Appellate court held that suit had abated -..........
Civil Procedure Code, 1908, Section 115, 10 -- Order on an application u/s 10 CPC refusing to stay suit amounts to case decided and revision lies thereto - Held, that the expression `case' is of much wider amplitude than the word `suit'. Whereas the interlocutory order in a suit does not amount to case decided, the final disposal of an application u/s 10 of the Code of..........
Civil Procedure Code, 1908, Section 144 -- Purpose of restitution proceedings - Held, that once the suit has abated under law, the effect will be that everything done by the Court in that suit will have to be reversed and the parties will have to be put back to the same position in which they were on the date of the institution of the suit. The purpose of S.144 CPC is..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Decree must be varied or reversed Duty and powers of court in interpretation - Held, that the word `restitution' used in S.144 of the CPC, connotes restoration to a party, on the variation or reversal of a decree, what has been lost to him in execution of the decree or directly in consequence of that decree, through..........
Civil Procedure Code, 1908, Section 151 -- Order under section 151 CPC is appealable...........
Civil Procedure Code, 1908, Section 152 -- Accidental omission in judgment - Power to amend - Whether by passing an order under section 152 CPC the decree is modified? - This is a complete misreading of the provisions of S.152. These provisions do not amount to any modification of the decree which merely permits the court to supply any accidental slip or omission to..........
Punjab Security of Land Tenures Act, 1953, Section 17A(1) -- Interpretation of - Pre-emption suit - Vendee who does not plead his tenancy and suffers pre - emption decree to be passed - Plea under Section 17 - A can be raised in executio, Bar of res judicata in Explanation IV to Section 11 Civil Procedure Code not applicable - Section 17 - A creates a statutory bar to the..........
