Civil Procedure Code, 1908, Section 96, 115 -- Review - Does not take away the right of appeal - Review application instead of appeal filed - Review application dismissed - Appeal against decree and revision against dismissal of review application filed - Filing of review application is not abandonment of right to appeal - Appeal against decree and revision against..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition of land - Objections to Naksha `Be'- Land fragmented into small pieces - Consolidation of holdings important factor while partitioning of joint land - Case remanded back to AC Ist for re-examination - AC Ist to pass final order after spot inspection...........
Civil Procedure Code, 1908, Section 151, 115, 2(2), 96(1) -- Suit dismissed as infructuous on an application u/s 151 CPC - Order amounts to decree - Appeal lies against such an order - Revision is not maintainable...........
Motor Vehicles Act, 1988, Section 173, 149(2), Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 115 -- Insurer - Writ petition challenging award of interest for a specific period - Not maintainable as Insurer has a remedy to file appeal against the award of Tribunal on available defences envisaged under the statute...........
Motor Vehicles Act, 1988, Section 173, 149(2), Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 115 -- Insurer - Writ petition challenging award of interest for a specific period - Not maintainable as Insurer has a remedy to file appeal against the award of Tribunal on available defences envisaged under the statute...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 64 - - Sale of land of J.D. - Objections to sale of land which was more than double of total recoverable amount under decree - Can be agitated before Revisional Court for the first time...........
Civil Procedure Code, 1908, Section 115 -- Pendente lite interest - Trial Court decree granting interest @ 18% p.m. from the date of decree till the realization of the decretal amount - No appeal /cross objections filed by the Decree Holder - Petitioner claiming pendente lite interest for the period matter remained pending before the Trial Court - Not legally maintainable..........
Civil Procedure Code, 1908, Section 115 - - Application for grant of Ad - interim injunction - Court ordered issuance of Notice instead of giving Exparte Injunction - Order challenged by way of Revision - Revision not competent - Order no more Revisions...........
Civil Procedure Code, 1908, Section 115 -- Ad - interim injunction application - Instead of granting exparte interim injunction, notice issued - Revision against order issuing notice - Not maintainable...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Application for partition - Objections to the partition raised on the ground of family settlement and maintainability of partition qua Ruri & Abadi land - Dismissed by AC Ist - Order not challenged - No objection raised on `Naksha Alaf' - `Naksha Alaf' approved -..........
