Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey knowing Commissioner - Neither there is any dispute with regard to description of suit property nor there is any issue regarding the nature of possession of parties - Petition U.O.39.R.2-A CPC is also pending for alleged violation of interim order of injunction - Onus of proof of alleged encroachment by..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner who was looking after the case was not completely bedridden during the relevant period - No evidence on record that petitioner was not in a position to instruct her advocate to pursue the matter - Except bald allegation against counsel, there is no material available on..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - At the instance of husband - If conflict of judgment on same facts and between same parties is the sole ground of transfer, every transfer petition filed by husband will have to be allowed by Court making choice of wife to Magistrate meaningless -..........
Punjab Land Reforms Act, 1972, Section 21 -- Bar of jurisdiction of Civil Court - Suit filed for declaration that land belonged to religious and charitable shrine and there was no challenge to validity of any order under the Act - Suit does not fall under either of categories as mentioned in S.21 of the Act - Civil Court alone has jurisdiction to decide and declare whether..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is applicable not only between plaintiff and defendants but also between co-defendants...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - In applying the principle of res judicata between co-defendants, primarily three conditions are necessary to be fulfilled namely: (a) there must be a conflict of interest between co-defendants; (b) there is necessity to decide the said conflict in order to give relief to plaintiff; and (iii) there is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier title suit dismissed without adjudication of any rights of plaintiff over suit land vis-a-vis cantonment Board - Issue in present title suit was neither directly or indirectly in issue in the previous suit and there was no conflict of interest between co-defendants in the previous suit, which if any, never..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Limitation - Suit for specific performance - Question of limitation would be applicable only when sale deed is sought to be challenged and not when a party sought to be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Subsequent purchaser would be affected in the event of decree and it would be in his interest to be party to suit - Moreover, in a suit for specific performance, it is prerogative of plaintiff to implead subsequent purchaser being the dominus litus -..........
