Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Limitation Act, 1963, Article 136, 137 -- Application to send decree and papers to Collector to carry out partition - Not an application for execution - Since it is not an application for execution as such Articles 136 & 137 of Limitation Act are not applicable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Land Revenue Act, 1887, Section 20, 21, 22 -- Exparte decree - Setting side - Suit for partition - Defendant residing in USA for the last more than 25 years - Defendant was never served with any notice although plaintiff had full knowledge of his correct address - Application U.O.9.R.13 CPC to set aside exparte decree -..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Defendant residing in USA for the last about 25 years - Service by beat of drums or publication of a notice in a local newspaper which has no circulation in the USA cannot be said to be an effective service...........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 41, Rule 33 -- Decree in pre-emption suit - Date and time before which purchase money had to be paid not mentioned - Defect can be cured by appellate Court in exercise of power under order 41 rule 33 CPC...........
Civil Procedure Code, 1908, Section 16, 20 -- Territorial jurisdiction - Specific performance - It is S.16 & not S.20 which is applicable - Held, suit seeking possession of immovable property is to be filed in a Court within whose jurisdiction the property is situated...........
Civil Procedure Code, 1908, Section 16, 20, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Ad interim injunction cannot be granted by a Court within whose jurisdiction parties reside but immovable property is situated outside its territorial jurisdiction - Territorial jurisdiction in a case seeking possession of immovable property lies in a..........
Civil Procedure Code, 1908, Order 20, Rule 18(2) - - Passed in partition suit - Appeal against is in continuation of suit and decree cannot be aid to be made final - Preliminary decree does not mean that partition was effected but it only carves out shares of parties...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Company - Cause of action accrued at a place where company has its branch office - Court at that place has jurisdiction and not the Court at the place where company has its head office particularly when head office has nothing to do with the accrued cause of action...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Cause of action - Arising in more than one Court - Any of the Courts where part of cause of action arises has jurisdiction to entertain the petition...........
Civil Procedure Code, 1908, Section 20(c) -- Cause of action - Means a bundle of facts which are required to be proved - The entire bundle of facts pleaded, however, need not constitute a cause of action as what is necessary to be proved is material facts whereupon a petition can be allowed...........
