Civil Procedure Code, 1908, Section 9, Order 7, Rule 10A(2)and -- Trial Court having no jurisdiction to hear suit - Request for return of plaint -Plaint directed to be returned to plaintiff for presentation in proper Court...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11(2) -- Commissioner exercising functions under Section 11(2) as Appellate Authority - Not required to observe procedure as prescribed in Civil Procedure Code - Appellate Authority when conferred with power to pass such order as it may deem fit in relation to order appealed against, includes in it power to remand..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11(2), Constitution of India, 1950, Article 226 -- Writ jurisdiction - Lower Authority recorded evidence of both parties yet Appellate Authority observed that no evidence led by respective parties - Evidence very much there on record - To say that there was no evidence on record - A jurisdictional error -..........
Civil Procedure Code, 1908, Section 9 -- Civil Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred - A suit in which the right to property is agitated, is purely one of a civil nature...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 4, 158(2), Civil Procedure Code, 1908, Section 9 -- Partition - Agricultural land converted into residential plots and houses constructed thereon and proved to be Abadi - Does not fall within definition of land - No jurisdiction with Revenue Officer to partition such land as it ceased to be..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 - - Revision against order declining to appoint local Commissioner - High Court reversed order in revision holding that Court illegally refused to exercise jurisdiction in declining prayer for appointment of local Commissioner...........
Civil Procedure Code, 1908, Order 14, Rule 2H -- Rule 2(1) is mandatory subject to the provisions of R.2(2) - it is discretionary power of the court to frame a preliminary issue of law only if relates to the jurisdiction of the court or to the institution of the suit itself...........
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)...........
Punjab Land Revenue Act, 1887, Section 118, 116, Himachal Pradesh Land Revenue Act, 1954, Section 130, 128 -- Objection to final partition that earlier statement made by a party under duress or on the basis of some promise given to him by opposite party - Revenue Officer has no jurisdiction to decide - Proper forum - To have recourse to Civil Court...........
