Civil Procedure Code, 1908, Section 47 -- Execution of exparte eviction decree - Objection that decree is obtained by playing fraud on objector - Not maintainable - Objector is free to file suit for getting exparte decree set aside on that ground...........
Land Acquisition Act, 1894, Section 28A(3) -- Application under Section 28-A(3) for reference after dismissal of application under Section 28-A(2) - Maintainable - Person who has not accepted award under sub-section (2) of Section 28-A may by application require the matter be referred by Collector for determination of Court and provisions of Sections 18 to 28 shall, so far..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership firm - Complaint against accused only without impleading the firm - Complaint is maintainable - Unless it is established that the firm alone was liable to discharge the liability, the complainant could not be compelled to add the firm as accused...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Suit challenging order of partition passed by Revenue Officers under Punjab Land Revenue Act - Once Court conies to a conclusion that suit not maintainable for inherent lack of jurisdiction of Civil Court because of bar created in law itself - Order to return plaint for presentation before Revenue Authorities - Not..........
Constitution of India, 1950, Article 226, 12 -- Electric connection to tenant - Writ petition - Is maintainable, since electricity authority is `State' within meaning of Art.12 of the Constitution and their action can be judicially reviewed by the Court...........
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession based on prior possession within 12 years - Maintainable - Title need not be proved by plaintiff unless defendant can prove one - Suit based on prior possession without proof of title - Maintainable against a person having no title to property...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Question as to whether the suit is maintainable in the present form - It is an issue of law and it goes to the root of the matter - Whole case can be disposed of by issue of law and it may not be necessary to take evidence on any other issue - Trial Court treating it as preliminary issue - Order upheld...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue regarding maintainability of suit - Should be treated as preliminary issue - Issue whether suit maintainable in present form - Issue of law and goes to the root of the matter - Whole suit can be disposed of by decision on this issue - Can be decided by looking into pleadings of the parties...........
Haryana Panchayati Raj Act, 1994, Section 177, 175, 2(xli) -- Term "member of a Gram Panchayat" in Section 177(1) - Includes a Sarpanch - Plea that provisions of Section 177 confined to Panch or Up-Sarpanch in view of definition in Section 2(xli) and application under Section 177 not maintainable against Sarpanch - Not tenable as it would mean that Sarpanch may do whatever..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking temporary injunction - Such claim is maintainable only if cause of action for seeking such relief arises out of or incidental to suit - Where cause of action is unconnected with suit against him he can claim relief only by separate suit...........
