Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Interference in revision with order allowing amendment of plaint - Court exercised discretion against statute of limitation - Cannot be said to have exercised discretion judicially - Failure of justice and irreparable injury to defendant manifest - Interference in revision warranted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - One of the pre-emptor-plaintiffs shown to be major whereas he was a minor at the time of institution of suit - No objection taken in written statement - During evidence discovered that one of the pre-emptor-plaintiffs a minor - Amendment on ground of bona fide mistake - Nothing to..........
Land Acquisition Act, 1894, Section 9, 18, 25, 53 -- Amendment of (i) claim petition filed before Collector in reply to notice under Section 9, and (ii) written statement filed in reply to reference of State Government - Claim petition filed before Collector in reply to notice under Section 9 and claim application under Section 18 filed before Collector for reference to..........
Land Acquisition Act, 1894, Section 25 -- Scope of - Attracted only at the stage when Court finally determines compensation - No bearing on question whether claim petition should be allowed to be amended - Does not bar amendment of claim petition...........
Land Acquisition Act, 1894, Section 23 -- Principal and primary question while ascertaining compensation for land acquired - Market value of land - Determination depends upon nature and potentiality of land - To effectively and finally adjudicate - Necessary pleadings ought to be available - For that purpose pleadings must contain claim of compensation - To claim higher..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction to restrain defendant from dispossessing plaintiff in pursuance of order passed by competent Court or other Authority - Competent - Courts have inherent jurisdiction to issue temporary injunction in circumstances not covered by provisions of Order 39 - Earlier view that temporary injunction cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment at appellate stage - Not to be allowed as a matter of course - A very strong case required to be made out because there is already a decree in favour of one of the parties - No explanation in application made under Order 6 Rule 17 as to why proposed amendment could not be sought in trial Court - Merely alleging that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Question whether land is or is not shamilat deh or whether any property vests in Gram Panchayat or not - Jurisdiction of Civil Court to determine - Barred - Matter still pending in appeal and Civil Court decree has not become final__No jurisdiction with Civil Court to entertain and adjudicate upon the..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7, 7A -- Procedure of ejectment - Not dealt with by the Act - Continues to be same as provided in Punjab Tenancy Act - Two alternative methods : (i) suit before a Revenue Court, and (ii) Summary proceedings in shape of notice of ejectment having regard to Sections 42(b), 43 and 45 Punjab Tenancy Act - Tenant to be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Impleading of a vendee as a defendant after expiry of period of limitation - All persons shown as vendees in Certified Copy of Sale Deed impleaded - No reason to suspect error in Certified Copy - No evidence to show that on date of suit..........
