Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1) -- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - When a suit is likely to fail on account of a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of the suit, Court may grant permission to withdraw such suit with liberty..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Without permission of Court - Plaintiff is precluded from instituting a fresh suit in respect of such subject matter...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Scope - Provision of O.23.R.1 applies only when cause of action and relief claimed in the second suit are the same as in the first suit - Mere identity of some issues in the suits does not bring about an identity of the subject matter in the two suits...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908 -- Rent and Eviction - Material alternation - Amendment of plaint - If during period of litigation, tenant has further materially altered premises, it would be within legal right of landlord to bring necessary facts to the notice of Court - It would not be fair in such..........
Civil Procedure Code, 1908, Section 97, 54 -- Decree for partition - Appeal - Discrepancy in preliminary and final decree - Decree in appeal not final decree - However, certified copy of final decree passed on a different date placed on record - Appeal is not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Dismissal of application - Eviction petition - Case was at initial stage when application for amendment was filed - Even, amendment which is sought only gives details as to how premises in question have to be utilized by landlord and family..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - In a simple suit for permanent injunction plaintiff is the sole master of his suit and he cannot be made to agitate against a person against whom, he does not claim any relief - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 195, 340, 345 -- Scope - Civil, Criminal, Revenue, Consolidation Courts can exercise rights u/s 195 read with S.340 Cr.P.C. if any overt act as mentioned in S.195 Cr.P.C. is committed during proceedings of the case before such Court...........
