Civil Procedure Code, 1908, Order 40, Rule 1 -- Suit by Banks or Financial institutions for realisation of loans - Courts must be conscious of involvement of public money in such suits and recovery should not be hampered by denial of just relief admissible under Order 40 Rule 1 of the Code of Civil Procedure...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Order 7 Rule 14 does not apply in respect of a document produced to rebut the plea raised by the defendant...........
Punjab Land Revenue Act, Section 16 -- Revision, disposal of on mutual consent of both the parties-Court should not proceed on the basis of any oral statement that may have been made by the parties regarding a compromise-Compromise between the parties has to be recorded before the Court-Should be recorded in writing with parties signatures which should bind them down to..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Distinction between the two provisions - Stated - Affidavits assume the character of evidence if permitted to be produced by Court for proving a prima facie case and not on merits subject to limitations under Order 19 Rule 1, 2 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 35(3), 97 -- Decree for possession of immovable property - Obstruction by third party - Decree holder gets right under Rule 97 of Order 21 to make an application against third party to have his obstruction removed...........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Compromise - Validity - Can be challenged either in a petition under proviso to Rule 3 of Order 23 or an appeal under S.96(1) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- The thrust of Rule 2-A is not of implementation of the order but of punishment of violation of order of injunction or of undertaking given to the Court...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Disobedience of injunction - Court does not become functus officio on decision of the case and the application under Order 39 Rule 2-A cannot be dismissed solely on that ground...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction purchaser applying for possession of property purchased in Court sale - Limitation - Period of one year starts from date of issuance of sale certificate and not from date of confirmation of sale even though sale becomes absolute on confirmation - Order 21 Rule 95 applies to all..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2-A -- Order of detention In civil prison passed under order 39 Rule 2-A for flouting order of Injunction - Order is appealable under S.104(h) of the Code...........
