Civil Procedure Code, 1908, Section 115, Order 11, Rule 11, 21 -- Order `requiring him to answer' interpreted - On failure defence struck out as rule 11 of O.11 complied with so order is legal and cannot be interfered with...........
Punjab Tenancy Act, 1887, Section 80 -- Appeal in forma pauperis - Application to appeal as pauper - Need not necessarily accompany memorandum of appeal - Can be made later on also - Civil Procedure Code (5 of 1908), Order 44 Rule 1.
Order 44 Rule 1 of Civil Procedure Code envisages that when a person makes an application for being allowed to appeal as a pauper the..........
Civil Procedure Code, 1908, Order 15, Rule 1, 3 -- Applicability and scope of the rule - Held that since the first hearing of the suit is the date on which issues are framed - Rule 1 of Order 15 necessarily refers to that date. It is in continuation of Rule 1 that Rule 3 of Order 15 occurs. It is to be seen that Order 15 Rule 1 applies where the parties are not at issue,..........
Punjab Land Revenue Act, 1887, Section 85, 88, 89 -- Pari materia with Order 21, Rules 84, 85 and 86 Civil Procedure Code - Nonpayment of entire balance within 15 days as prescribed under Section 88 - Sale is a nullity - Civil Court has jurisdiction to go into the matter - Civil Procedure Code (5 of 1908), Section 9 and Order 21 Rules 84, 85 and 86.
Sections 85, 88 and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Principles for allowing amendment - A new case is not set up - Does not cause injustice to the other side - Necessary for determining real question in controversy - Amendment not to be disallowed merely on the ground of delay - Held, that the general rule matter of allowing amendment is that all amendments are to be allowed..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Takes away right of pre-emption where vendee is a tenant - Bars passing of decree for pre-emption against tenant-vendee - No appeal filed by tenant-vendee against decree for pre-emption passed by trial Court and first appellate Court - Appellate Court can pass any order as justice of case may require - Pre-emption..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appellate Court has ample power to pass any decree and make any order - Even if no appeal filed or whole decree not challenged or particular objection not raised - Appellate Court can pass any order.
From the reading of Order 41 Rule 33 Civil Procedure Code it is clear that Appellate Court has got ample power to pass any..........
Punjab Security of Land Tenures Rules, 1953 -- Rule 11 - Punjab Tenancy Act (16 of 1887), Sections 85, 89 and 90 - Punjab Tenancy Rules-Rule 6 - Ejectment of tenant - Summoning of witnesses - Assistant Collector asking tenant to produce witnesses on his own responsibility by taking dasti summons - Illegal - Tenant if deposits process fee and diet money for witnesses -..........
Civil Procedure Code, 1908, Order 33, Rule 9 -- Dispaupering on death of pauper plaintiff legal representatives impleaded - grounds on which legal representatives can be dispaupered. Distinction between an executor or administrator brought on record as a legal representative and an heir of the deceased pauper plaintiff brought on record as legal representative - The..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal by several appellants dismissed in default-one of the appellants files application U.O.41.R.19 for restoration of appeal - Application in maintainable and the appeal can be restored - Effect of restoration - Held that though the application Under Rule 19 by only one of such appellants is maintainable the appeal will..........
