Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Petitioner unable to demonstrate with reference to any material that either she is owner or in possession of the property in dispute - Thus, it could not be said that she is necessary and proper party to be impleaded in this suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of first suit - Second suit based on a fresh cause of action - O.23.R.1(4) not a bar for instituting such a suit - However, if the cause of action claimed in second suit is founded on the basis of part of claim abandoned in the first suit, in the absence of obtaining leave to file a fresh suit, the second suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection plaint - Whether a plaint can be rejected U.O.7.R.11 CPC even after settlement of issues or at starting of the trial? - Held, a plain reading of O.7.R.11 CPC does not bar rejection of a plaint at any stage of the proceeding if the suit is barred by law - In other words, starting of the trial or settlement of issues..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability in the same suit at a subsequent stage - Principle of res judicata is applicable not only in separate subsequent proceedings but also applies in subsequent stage of the same proceedings - Once an order made in the course of a proceeding becomes final, it is binding at the subsequent stage of that..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence - No witness produced despite three adjournments - No list of witnesses filed - Suit pending since 1983 - After amendment in CPC, instant writ petition filed and same pending since 2004 - Evidence closed by detailed order - Impugned order found just and proper - Upheld. Para 8)..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Non service of summons - Delay in filing application - Condonation of - No service was effected on petitioner - He did not have knowledge of pendency of suit - Held, application for condoning delay in filing application as also application U.O.9.R.13 of the..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
Civil Procedure Code, 1908, Order 7, Rule 3 --- Plaint - Incorrect description of property - Mere incorrect description of property not a ground to dismiss the suit - But the same should be taken into consideration to consider conduct of party and for working out equities...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(3), 44 -- Consolidation proceedings - Order passed therein - Declaratory suit thereagainst - Maintainability - Suit for declaration with consequential relief of permanent injunction challenging order passed by competent authority in consolidation proceedings u/s 21(3) of the Act on..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 115 -- Jurisdiction of Civil Court - Estoppel - Suit for possession - Defendants themselves have denied relationship of landlord and tenant - Held, they are estopped to say that civil court has no jurisdiction to try the suit...........
