Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Section , Order 9, Rule 6, Civil Procedure Code, 1908, Section , Order 14, Rule 1, Civil Procedure Code, 1908, Section , Order 20, Rule 5 -- Suit if proceeds ex parte and in absence of a written statement - Necessity of proof by plaintiff of his case to the satisfaction of Court - Cannot be dispensed..........
Constitution of India, 1950, Article 226,227 -- East Punjab Holding (Consolidation &; Prevention of Fragmentation Act, 1948, Section 42 - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules 1949, Rule 18 - Correction of mistake, committed by the consolidation authorities at the time of consolidation, by the Director of Consolidation after a period of..........
Constitution of India, 1950, Article 226 -- Challenge to appointment of Lambardar - High Court while exercising writ jurisdiction not to interfere in matter pertaining to appointment of Lambardar particularly when Revenue Authorities under Punjab Land Revenue Act have come to a particular conclusion about appointment of Lambardar keeping in view consistent view taken by..........
Civil Procedure Code, 1908, Section 2(2), 2(14), 96, 104, Order 43, Rule 1 -- Judgment styled as 'order' matters little - Order if fulfills conditions of definition of `decree' under Section 2(2) - Becomes appealable - Does not fall within Section 104 and only Section 96 is applicable - Orders not appealable are generally those which are processual i.e. interlocutory or..........
Constitution of India, 1950, Article 226 -- Amendment of writ petition - Cannot be allowed at belated stage - Amendment aimed at challenging order of ejectment and penalty passed 10 years back by Assistant Collector under Section 7 Punjab Village Common Lands (Regulation) Act - Remedy of appeal not availed and want to avoid payment of penalty - Cannot be permitted to..........
Succession Act, 1925, Section 74 -- Will - Interpretation of - Essential principles - (i) fundamental rule to ascertain intention of testator from the words used, the surrounding circumstances for the purpose of finding out intended meaning of words which have been employed, (ii) Court in doing so entitled to put itself into armchair of testator and bound to bear in mind..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Expln. - Court can exercise jurisdiction under Expln. to Rule 2 of Order 17 CPC only when evidence on record is sufficient to substantiate the absentee party's stand and for disposal of the suit - It is also imperative for the Court to record its satisfaction in that perspective - If the evidence on record is sufficient for..........
Civil Procedure Code, 1908, Order 17, Rule 2 -Explanation Rule 3 and Order 9 Rule 6 & 13 - In absence of any indication as to what evidence was evaluated and/or whether, merits were tested - Clearly has imprints of ex parte adjudication - Liable to be set aside under Order 9 Rule 13...........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand of case for re-trial - A serious matter - Can be ordered in exceptional circumstances when no real trial or complete and effective adjudication of matter - Remand not meant for providing fresh opportunity to a party - Before passing order of remand - Necessary to come to the conclusion that re-trial necessary -..........
Civil Procedure Code, 1908, Order 37, Rule 4, 7, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Setting aside of ex parte decree in a suit under Order 37 - Rule 4 specifically provides for it - Provisions of Order 9 Rule 13 not applicable - Power under Rule 4 not confined to setting aside ex parte decree - Extends to staying or setting aside execution and giving..........
