Punjab Tenancy Act, 1887, Section 82 -- Review - New plea - Cannot be raised - Civil Procedure Code, Order 47 Rule 1...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories when entire evidence of parties has been led and suit listed for evidence of plaintiff in rebuttal - Very purpose of interrogatories at this stage is frustrated - Fishy interrogatories will not be proper - Order allowing interrogatories - Set aside...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories, serving of - Has to be encouraged - A means of getting admission and tends to shorten litigation, precipitates the controversy and helps Court to come to a rightful conclusion - Purpose of interrogatories - To know nature of opponent's case before hand as to what he is to meet at the hearing - Interrogatories..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Parties in both the suit not common but are substantially different - Property in both the suits is different and distinct - Property which is subject matter of one suit is not in any way involved in the other suit - Order consolidating two suits set aside...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Provision can be invoked on very strong facts and there should be some positive averments before the order for attachment before judgment could be passed - Vague allegations cannot satisfy the ingredients underlining this provision...........
Civil Procedure Code, 1908, Order 38, Rule 4, 5 -- Attachment before judgment - Coercive directions - Cannot be taken recourse to in a casual manner - Can be invoked on very strong facts - Applicant must have not only a prima facie case but should be able to satisfy Court that grounds pleaded satisfy ingredients of Order 38 Rule 5 - There should be some positive averments..........
Civil Procedure Code, 1908, Section 10 -- Parties in two suits not common but substantially different, property involved in earlier suit not directly involved in any way in subsequent suit, issue in earlier suit simpliciter inheritance to property of deceased while in subsequent suit challenge to sale deed executed by attorney of deceased - Not possible to come to the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events to institution of suit so far as they are in consonance with original cause of action - Should be permitted to be brought on record - Suit for declaration and permanent injunction claiming to be owner in possession and restraining defendants from interfering in peaceful possession -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
