Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Challenged - No stay operating not to comply with the order - Mere pendency of an application will not give a right to the respondent to stay the order passed by a Court of competent jurisdiction...........
Punjab Land Revenue Act, 1887, Section 85, 88, 158 -- Non compliance of conditions of sale - Mere fact that some interested person has filed a civil suit against the orders of the authorities, is no ground for not depositing auction money in time - Filing of a suit does not operate as a stay of order unless there is a specific order...........
Joint trial -- There is something common between stay of suit u/s 10 CPC and a joint trial - Both are intended to prevent unnecessary waste of time of Court; multiplicity of trial; and inconvenience of parties and witnesses - For applicability of both certain conditions are common i.e. (i) The real contesting parties must be the same; (ii) Determination of rights of..........
Succession Act, 1925, Section 372 -- Proceedings u/s 372 of the Act are in the nature of summary proceedings - Restraint should be shown by the court to stay its hands or adjudicate the question of title or right to the property - The best and the proper procedure in such like contentious disputes is to refer the parties to the civil Court which alone is competent to..........
Agreement to sell -- Suit for specific performance - Decree - Deposit of balance sale consideration - Stay granted by appellate Court - D.H. is under no obligation to deposit the balance sale consideration within the time given - The appellate Court had all powers to pass fresh orders regarding the deposit of the balance sale consideration...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Appeal - Pendency of application for condoning delay - Appellate Court, till then, is prevented from considering the application for stay of execution - Held, Executing Court can grant stay of execution in the meantime invoking the power U.O.21.R.26 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Question in subsequently instituted suit not substantially the same - Merely because one or two issues are identical is not a ground to stay the subsequently instituted suit - That is contrary to S.10 CPC...........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Stay of partition proceedings - Mutation sanctioned on the basis of Civil Court decree - Genuineness of registered Will and Civil Court decree challenged by way of suit and Court ordered parties to maintain status quo and not to alienate share of deceased - Not for Revenue Officer to..........
Pepsu Tenancy and Agricultural Lands Act, Section 7(1) -- clause (b) proviso - Object of proviso - To give one more opportunity to tenant to stay on land irrespective of his default, if tenant pays rent due within six months from the date of decree or order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Events which take place during pendency of suit which require amendment regarding relief clause - Court should not stay its hands from granting it - Stay order restraining defendant from dispossessing plaintiff from shop in question - When stay order operating Station House Officer allegedly took keys of..........
