Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - May be effected on any adult member of the family residing with the defendant - Exparte proceedings cannot be resorted to without making an attempt to service the persons in possession of the property - Even the wife of the tenant has locus standi to move an application for setting aside exparte..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Construction in violation of Municipal Building Bye-laws - Neighbour has locus standi to file suit - Injunction granted by Courts below - Interference in revision declined...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Eviction petition - Issue as to Locus Standi - Onus of issue was on tenant ho did not want to lead any evidence in support of the same - Said issue to be treated as a preliminary issue...........
Public street -- Obstruction - Person having no direct interest can get it removed, even though obstruction does not affect his rights - His locus standi cannot be challenged...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 13, Specific Relief Act, 1963, Section 39 -- Suit for permanent injunction in representative capacity under Order 1 Rule 8 Civil Procedure Code alleging that defendants encroached upon a part of land of pond (Johar) which belongs to Gram. Panchayat - No allegation in plaint that on account of encroachment..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32FF - - Partition of joint Hindu family property in September, 1956 between father - M and sons - D, J and K, partitio, deed registered in January 1958 and in Jamabandi 1958 - 59 sons recorded as owners of land- Agrarian Authorities did not accept partition and order declaring surplus area in the hands of father - M..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 15(5) -- Locus standi of allottee of surplus area to challenge order determining surplus area of landowner - Once land declared surplus and taken over by State and allotted to eligible person who paid first instalment - Allottee necessary party in any dispute regarding surplus area - Ruling 1980 P. L. J. 72 given under..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Contemplates cases : (i) in which a suit brought by a plaintiff who subsequently discovers that he cannot get full relief he seeks without joinder of some other person as co-plaintiff; and (ii) where it is found that some other person and not the original plaintiff entitled to relief claimed - In first contingency, a new..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit in respect of property of idol - Locus standi to sue - A worshipper can sue in respect of property of idol - Not necessary that suit must be filed by de facto manager of Mandir or guardian of Deity installed therein...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 4, 3, 2(a) - - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, Sections 18 and 23-A East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, Rule 16(ii) - Land carved out during consolidation after imposing cut on landowners and in revenue records..........
