Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13 -- Partition suit - Preliminary decree specifying shares but not containing direction regarding allotment and separate possession - One of the defendants applying for appointment of Commissioner to divide properties and allot his share - Maintainable without modifying the decree...........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 12 -- Mesne profits or damages - Estimation - Criteria indicate...........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Issues framed and thereafter defendant proceeded ex parte even when defendant is exparte Court should state its findings with reasons thereof upon each separate issue...........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Decree-holder if fails to deposit amount within time allowed - Section 28 provides for such a situation - Effect not provided for in Rule 12-A of Order 20 Civil Procedure Code - Section 28 itself inter alia provides for extension of time - Decree for specific performance directed..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Deposit of pre-emption amount - Vendee - defendant obtained stay of dispossession from Appellate Court - Pre-emptor moved Appellate Court for absolving him from depositing amount within time granted by trial Court - Application dismissed by Appellate Court after hearing both sides before time fixed by trial Court had expired..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Punjab Land Revenue Act, 1887, Section 158(2)(xvii), 158(xviii), 48, 111 -- Suit for possession by partition in Civil Court - Objection that one of the properties consists of agricultural land and simply because on one Khasra number buildings have been constructed does not mean that it ceased to be agricultural..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 35 -- Pre-emption decree - Rights and consequences - Title of pre emptor in respect of pre-empted property accrues from date on which payment of purchase money and costs (if any) made in accordance with Order 20 Rule 14 - Pre-emptor entitled to delivery of possession of pre-empted..........
Civil Procedure Code, 1908, Section 148, Order 20, Rule 148 - - Short deposit of Rs. 100/- in pre-emption case - Deposit of Rs. 34,625/- instead of Rs. 34,725/ - Time for deposit expired - Short deposit cannot be styled as either for lack of bona fides or for want of funds - Executing Court ought to exercise discretionary power and delayed deposit should be accepted - Smt...........
Civil Procedure Code, 1908, Section 148, Order 20, Rule 14 - - Deposit of sale price less by Re. 1/- by pre-emptor-decree-holder - Decree-holder deposited amount from time to time as directed by Court - Absolutely no reason why decree-holder would not have deposited Re. 1/- unless it was due to a mistake - Mistake a bona fide one - Court ought to exercise its discretionary..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 47, Rule 1 - - Order 20 Rule 14 imposes obligations on both sides, performance by one conditional on performance by the other - Obligations reciprocal and interlinked and cannot be separated - Defendant vendee if obtains stay order and relieved of obligation to deliver possession of properties..........
