Civil Procedure Code, 1908, Order 38, Rule 8, 11, 11-A, Civil Procedure Code, 1908, Order 21, Rule 58(2)(4) -- Petition under Rule 8 of Order 38 - Inquiry can be continued even beyond the date of decree of the suit as contemplated by Rule 11 & 11-A - The petition is to be tried as if it is a plaint as per Order 21 Rule 58 (2)(4)...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4A), Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Suit under Order 1 Rule 8 for possession by way of partition of land - Land recorded as Abadi Deh Ghair Mumkin in revenue record - Gram Panchayat a necessary party when land formed part of Shamilat Deh - Gram Panchayat not made a party - Cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Subsequent purchaser - Not bonafide purchaser without notice - When trial Court erred in not declaring sale in favour of subsequent purchaser void as well as in not directing him to join in the execution of the sale deed in favour of the plaintiff; it is a technical defect which can be corrected by Appellate Court under..........
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5 -- Revisional Court staying further proceedings in the suit-trial has jurisdiction to consider the application under order 38 rule 5 during subsistence of stay order...........
Civil Procedure Code, 1908, Order 5, Rule 19A, 20(2), Civil Procedure Code, 1908, Order 9, Rule 13 -- Non-compliance with specific order of Court for issue of summons by registered post also - Not a mere irregularity - Incumbent under Rule 19-A to issue summons by both modes prescribed for service i. e. ordinary process as also service by registered post - If no specific..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Enables Appellate Court to mould relief in the interest of justice - Permissible to do so only when there is a properly constituted appeal - Provision generally applied when relief to be granted to one respondent against the no, appealing respondent - If no properly constituted appeal - No question of attracting provision of..........
Civil Procedure Code, 1908, Section 35B, 96, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 3 -- Failing to produce evidence and to pay costs - Evidence closed under order 17 rule 3 - does not amount to ex parte decree - application under order 9 rule 13 is not maintainable - remedy lies in appeal u/s 96 CPC...........
Specific Relief Act, 1963, Section 6, 41, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) - - Temporary injunction preventing dispossession of plaintiff- Word "threatens" in clause (c) implies a wrongful act on part of defendant and taking the law into his own hands-Defendant when seeks to recover possession through judicial process by way of execution of a..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Any illegality in compromise under Order 23 Rule 3 on the basis of which consent decree passed - Only remedy of aggrieved person - To approach that very Court...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 - - No appeal - No appeal maintainable against consent decree based on compromise entered into between the parties in accordance with provisions of Order 23 Rule 3...........
