Civil Procedure Code, 1908, Order 23, Rule 1 -- When leave is granted to withdraw the suit with liberty to bring a fresh suit, the suit should not be dismissed but one granting permission to the plaintiff to withdraw from the suit with liberty to bring fresh suit - where permission refused application only to be dismissed and not the suit, on the assumption that plaintiff..........
Civil Procedure Code, 1908, Order 33, Rule 9 -- Dispaupering on death of pauper plaintiff legal representatives impleaded - grounds on which legal representatives can be dispaupered. Distinction between an executor or administrator brought on record as a legal representative and an heir of the deceased pauper plaintiff brought on record as legal representative - The..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 60, 90 -- Not necessary to obtain leave of the Court to proceed against a receiver appointed under Provincial Insolvency Act...........
Civil Procedure Code, 1908, Order 2, Rule 3, Civil Procedure Code, 1908, Order 22, Rule 1 -- Bar of relief U.O.2.R.3 arises in subsequent suit and not while plaintiff seeks leave to withdraw suit and files a fresh one - The bar of relief contemplated by sub rule 3 of Rule 2 of Order 2 is against a relief, which has been omitted in an earlier suit but is sought in a..........
Civil Procedure Code, 1908, Order 41, Rule 33, Civil Procedure Code, 1908, Order 42, Rule 1 -- Ejectment suit - Defendant denying tenancy and plaintiffs ownership - Plaintiff negligent is not claiming alternative relief of title - Leave to convert ejectment suit to title suit in second appeal not granted...........
Civil Procedure Code, 1908, Section 151, Order 45, Rule 13 -- Writ petition dismissed High Court granting leave to appeal High Court has power u/s 151 CPC apart from provisions of O.45R.13 CPC to grant interim injunction till appeal is filed in Supreme Court...........
Civil Procedure Code, 1908, Section 151 -- Memorandum of appeal filed against judgment of single judge of High Court Paying the court fee but no leave to appeal granted Court fee paid can be refunded u/s 151 CPC...........
Civil Procedure Code, 1908, Section 100 -- Concurrent finding of fact as the reasonable requirement of premises insufficiency or inadequacy or improper appraisal of evidence interference by High Court - Mere insufficiency or inadequacy or improper appraisement of evidence in coming to a finding on such fact as to reasonable requirement cannot involve any error of law so as..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- If a plaintiff does not seek the entire relief to which he is entitled in respect of a cause of action on which he sues, he shall not later on sue for the relinquished relief without the leave of the court - So long as the plaintiff does not bring such a second suit the applicability of 0.2.R.2 CPC is not attracted...........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Decree of ejectment passed against tenant - Status of tenant comes to an end - To be considered trespasser from date of ejectment decree. When a decree of ejectment is passed against a tenant, his status as a tenant comes to an end. In other words, from that day, he will be considered to be a trespasser. If he does..........
