Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Mere mention of S.151 CPC with O.39. Rules 1 & 2 - does not change its character or complexion - order is appealable and no revision lies...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Provision of Section 4l(b) Specific Relief Act equally applies to grant of temporary injunction...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, 2(g)(4) -- Property shown as Shamilat Deh Rasta for common use of residents of locality - Vests in Panchayat - A no, proprietor as a resident of locality of village- Entitled to use pathways - Being not proprietor in the village would not take away the right to use common places set up in the village...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4), 11 -- Suit in Civil Court for possession of property encroached upon by Gram Panchayat- Gram Panchayat claimed site in dispute a street being used by inhabitants - Street included in Sbamilat Deh under Section 2(g)(4) - Subject - matter of suit falls within jurisdiction of Collector under Section 11 -..........
Punjab Security of Land Tenures Act, 1953, Section 10A, 2(3), 2(5A), 88, 89 - - Whether order declaring area to be surplus passed before 1st November, 1966 and became final but surplus area not utilised by Government would continue to have effect after enforcement of Punjab Reorganisation Act, 1966 - Government has under the Act unfettered right without any time limit to..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 - - Bar of res judicata - Cannot be treated as preliminary issue - Question of res judicata a mixed question of law and facts and not a pure question of law...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - arrears of rent - each year is self contained unit for the purpose of payment of rent - arrears of rent for different years - does not come within the purview of the same cause of action...........
Civil Procedure Code, 1908, Order 2, Rule 2, 3 -- Suit for recovery of Makhta due from 1977 to 1980 - right reserved to file separate suit for the year 1981 - not barred...........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary Issue - some evidence required to decide the jurisdiction of the court or the maintainability of the suit - does not mean that such issue can't be treated as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue even a mixed issue of fact and law which pertains to the jurisdiction of the court to try the suit is covered by O.14 R.2(2)...........
