Civil Procedure Code, 1908, Section 47 -- Execution - Delay in executing the decree - Amounts to deny the decree holder the benefit of decree which is anthesis to justice - Direction issued to dispose of matter expeditiously...........
Hindu Marriage Act, 1955, Section 13(1A)(ii), 23(1)(a), Hindu Adoptions and Maintenance Act, 1956, Section 17 -- Divorce - Petition for divorce filed by husband dismissed whereas petition for restitution of conjugal rights filed by wife decreed - Wife repeatedly made attempts to return to her matrimonial house pursuant to decree - Husband made no efforts to resume..........
Punjab Land Revenue Act, 1887, Section 36 -- Civil suit filed by parties on dispute relating to title and inheritance - Mutation sanctioned by Collector pending suit - Order of Collector set aside by Divisional Commissioner - Order impugned - Held, when regular civil suits are pending between parties before competent civil court, the civil Court shall decide suit between..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Delay - Inefficiency and lethargy of the department and its panel lawyers in moving the Court not procedural - Delay appears to be willful as Court matters are not given due priority even though all of them are aware of law of limitation - Dismissal of application calls for no interference...........
Suppression of a material fact -- Amounts to fraud with Court - Decree obtained by playing fraud upon Court is illegal and Court is competent to set aside such decree...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit filed in the garb of O.1.R.8 CPC against one co-owner whereas the suit property is owned by proprietors/Mushtarka Malkan of a big chunk of land - Mandatory permission not granted - Decree on the basis of admission of one co-owner is a nullity as other co-sharers cannot be deprived of their valuable rights in the property..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in representative capacity - Where numerous persons are to be sued for the benefit of all the persons interested, the mandatory permission of the Court U.O.1.R.8 CPC, is a condition precedent for pursuing such suits and where such permission is not granted, the suit would be treated to have been filed by the plaintiffs in..........
Civil Procedure Code, 1908, Section 38,39 -- Execution of decree - (as inserted by amendment), O. 21, R. 3 and 48 - Jurisdiction - Held, as per S.39 there is no scope of exercising the jurisdiction for execution at the instance of original Court which passed the decree if the person or the property, as the case may be, against which the decree is sought to be enforced is..........
Civil Procedure Code, 1908, Section 151, Provincial Insolvency Act, 1920, Section 4, 5, 21, 23, 31 -- Power of the insolvency Court to pass interim orders - Held, Civil Court while trying the civil suit has inherent power of granting interim orders u/s 151 of the Code of Civil Procedure - Simply because S.23 of the Act enables the Court to release the debtor who has been..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Duty of court - Held, it is well settled position of law that first appellate Court being final Court of fact is to analyze all materials available on record and appreciate the same while coming to a factual finding contrary to finding of fact arrived at by trial Court and required to assign reason as to where trial..........
