Civil Procedure Code, 1908, Section 89 -- Cases suitable for ADR process are : (i) All cases relating to trade, commerce and contracts, including (a) disputes arising out of contracts (including all money claims); (b) disputes relating to specific performance; (c) disputes between suppliers and customers; (d) disputes between bankers and customers; (e) disputes between..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree - Partition suit - Compromise petition has been recorded and for payment of court fee and for passing final decree - Further, case was adjourned to various dates - Thereafter, suit was dismissed for default for no, payment of court fees - Legality of - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Compromise decree - Procedure to be followed - Held, once the parties have partitioned the properties among themselves and when compromise is recorded only remaining things to be done by Court is to pass a final decree - Only act to be done is to engross the..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Defendant raising the plea that partition took place in between the parties and respective shares were demarcated and they were in possession over their respective shares - No evidence which establishes partition between the parties - Property jointly held by the parties - Compromise on..........
Partition Act, 1893, Section 2, Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale of immovable property - Applicability of provisions of Order 21 CPC - Provisions of Rule 234 of the Civil Rules of Practice would apply - Provisions of Order XXI of the Code of Civil Procedure would not apply to a sale of immovable property under the Partition Act, 1893...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - By proposed amendment, plaintiff wants to include more properties which were not discovered at the time of filing suit - Held, proposed amendment does not take away any right accrued to defendants due to lapse of time - Nor does it change nature of the case - Amendment essential to..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Title suit - Challenging decree passed on basis of oral partition - Landlord who is a co-owner cannot plead that since he is collecting rent and letting out the property from time to time that he has become exclusive owner or a partition has been effected - Family arrangement..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 100, Specific Relief Act, 1963, Section 34 -- Title suit - Challenging decree passed on basis of oral partition - Once issue of tenancy between parties finally decided, it cannot be re-opened and re-assessed in a later proceeding involving title...........
Punjab Pre-emption Act, 1913 -- Pre-emption - Decree passed on 17.12.1993 and decreetal amount deposited on 24.1.1994 whereas partition order was passed on 30.3.1994 - On deposit of purchase money in Court by the claimant the right and title to the property vest in the pre-emptor and it becomes vested right of the pre-emptor - Right of pre-emption prior to the decree may..........
