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..........
Punjab Security of Land Tenures Act, 1953, Section 17 -- A(1) - Query - Pre-emption suit - Vendee - tenant specifically pleading bar of Section 17A - Court on evidence finds that vendee is in fact not a tenant and a decree for pre - emption passed - Whether vendee can again plead bar of Section 17 - A in execution proceedings - Effect of Explanation IV to Section 11 Civil..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 2 -- Finding recorded on a matter by the Court in absence of pleadings - Obiter dicta.
Findings recorded on a matter by a Court in the absence of pleadings thereon is obiter dicta. (Para 8)
Where in a pre - emption suit the vendee did not lead evidence that he was a tenant of the land in dispute and did not raise..........
Land Acquisition Act, 1894, Section 18, 53 -- Transposition of no, claimant to list of claimants before Court - Provisions of Order 1 Rule 10 Civil Procedure Code inconsistent with those of Section 18 Land Acquisition Act - Civil Procedure Code (5 of 1908), Order 1 Rule 10. Although transposition of parties is permissible under Rule 10 of Order 1 of the Code of Civil..........
High Court Rules and Orders, Rule and -- Volume V, Chapter I-- A, Part A(a), Rule 7 Second Paragraph - Revision petitio, Appellate Court if passes original order in connection with pending appeal - Second paragraph of Rule 7 not applicable - Copy of judgment or order of Court of first instance - Not required to be filed with revision petitio, Civil Procedure Code (5 of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Nature of land - Dispute as to - Relates to a question of title - Jurisdiction of Civil Court - Not barred - Revenue Authorities exercising summary jurisdiction under Section 7 of the Act - Cannot order ejectment - Proper remedy for Gram Panchayat is in Civil Court - Civil Procedure Code (5 of 1908),..........
