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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Court can secure presence of judgment-debtor, if necessary by issuance of warrant of arrest - Order 21 Rule 40 and Section 51 come into operation after Court wants to send judgment-debtor to civil prison for the reason that decree had remained unexecuted - Contention that warrant of arrest of judgment-debtor..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Contemplates cases : (i) in which a suit brought by a plaintiff who subsequently discovers that he cannot get full relief he seeks without joinder of some other person as co-plaintiff; and (ii) where it is found that some other person and not the original plaintiff entitled to relief claimed - In first contingency, a new..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of judgment debtor in prison in execution or enforcement of decree - Made subject to certain conditions and limitations prescribed in Proviso to Section 51 and Order 2L Rule 37 - Execution of decree for payment of money by detention of judgment-debtor in prison - Not to be ordered unless..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 21, Rule 103, 99, 63, 58 -- No order of Court for attachment of property - Property sold in execution of decree belonged not to judgment-debtor but to third party (judgment-debtor sold property about a year and half earlier) - On date of auction property belonged to third party and not to judgment-debtor - Bar of Order 21 Rule 63 does not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 41, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 - - Not a case of abatement under Order 22 Rule 4 - Covered by Order 41 Rule 20 - Proper course - To make application under Order 41 Rule 20 and claim condonation of delay...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Section 35B, 115, Order 23, Rule 1 - - Suit for declaration and permanent injunctio, Ex-parte ad interim injunction obtained - First suit allowed to be withdrawn on payment of costs - Second suit dismissed for no, prosecution - Third suit filed and ex-parte ad interim injunction obtained - Costs not paid - Court allowed third suit to be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 21, Rule 58 -- Maintainability of suit after dismissal of objections as to attachment of suit property in execution of decree - Plaintiff must prove that objections filed earlier not entertained because same designedly or unnecessarily delayed - Executing Court dismissed first objection petition not on the ground of designedly or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 8, Rule 11 -- To find out whether a plaint discloses a cause of action or not - Court to look only into averments made in plaint assuming them to be correct for the time being - Cannot depend on averment made in written statement or any other evidence produced - To reject a plaint under Order 7 Rule 9-Court right at initial stage has to go..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Land Acquisition Act, 1894, Section 18, 53 -- Dismissal in default of reference under Section 18 - Without jurisdiction - Liable to be restored in exercise of inherent powers - Court cannot dismiss reference case for default - A land acquisition reference case cannot be dismissed for default on no, appearance of claimant - Neither Order 9 Rule 8 read with Section 141 Civil..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Provisions of Order 23 Rule I have to be applied in rare cases and this power not to be used lightly - Suit should not be allowed to be withdrawn with permission to file a fresh one on matters which can be corrected by amendment of plaint and pleadings - If clerical mistake crept in plaint and followed in application for..........

Showing : 511-520 of 682 Results