Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Revision against order allowing application for attachment before judgment - Plea that defendant is not disposing of the property - In case defendant is not disposing of property then he has no grievance at all to file revision even if impugned order is passed and property is ordered to be..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of additional issues - Petitioners-plaintiffs instituted suit for declaration with consequential relief of permanent injunction - Application for framing of additional issues with regard to validity, genuineness of impugned Wills filed when case was listed for rebuttal evidence and arguments - Real controversy..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written statement but did not file any..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamalat deh - Ad interim injunction - Rejection of - Land in dispute is a shamlat deh and Gram Panchayat is described its owner in revenue record - Kind of land shows as Tibba and Choe (no, cultivable) - Revenue record in which Gram Panchayat..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order finally deciding temporary injunction application - Such order is not an interlocutory order - Against such order appeal/revision is maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Ejectment - Appeal - Additional evidence - Appellate Authority allowed application filed by landlady U.O.41.R.27 CPC for examination of her son as witness - Validity - Appellate Authority itself observed in impugned order that landlady had projected need of her son who was stated to be not keeping good health and had..........
Civil Procedure Code, 1908, Order 9, Rule 7, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - - Withdrawal of appeal - Restoration of - Panch appeared before appellate court and stated that no decree of recovery had been passed against Gram Panchayat and it having initiated proceedings u/s.7 of the Act of 1971 would take possession in due course of law -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Application moved under O.7.R.11 for rejection of plaint on ground of no, payment of ad valorem court fee as no suit for mandatory injunction can be filed for recovery of any amount - Application allowed conditionally and plaintiff directed to append court fee - Revision thereagainst - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition suit - Amendment of plaint - Impleadment - Application moved by plaintiff praying that some of defendants be deleted from array of parties and some co-sharers not impleaded in original plaint be added as defendants allowed by Court below observing that same has not been..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 6 -- Rejection of plaint - Validity - Suit filed u/s 6 of Act of 1963 - Application U.O.7.R.11 CPC allowed, dismissing suit by giving finding that Court has no jurisdiction to decide suit because land in question is agriculture land - Held, since there is no assertion in plaint that land in..........
