Civil Procedure Code, 1908, Section 100, 101 -- Letters Patent Appeal, Clause 10 - Powers of Division Bench hearing appeal from judgment of Single Judge in first appeal - Not limited only to a question of law under Section 100 Civil Procedure Code - Division Bench has same power which Single Judge has as First Appellate Court in respect of both questions of fact and law -..........
Civil Procedure Code, 1908, Section 10 -- First suit by V against D claiming a vacant piece of land setting up title to 3/4th as owner and remaining 1/4th by adverse possession - Second suit by D against V and his sister claiming partition of land - Previously instituted suit, matter in issue whether plaintiff V has become owner of 1/4th share of plot by adverse possession..........
Civil Procedure Code, 1908, Section 115, 10 -- Revision against order staying subsequent suit in terms of Section 10 - Nothing in common in previously instituted suit and suit instituted later except that property is common and property not "matter" in issue - Section 10 not attracted - Material irregularity in order - Order set aside in revision...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44 -- Question of title to property - Jurisdiction of Civil Court not taken away by Section 44 - Suit by K for joint possession of land as Consolidation Authorities due to a mistake included land in the holding of Z who was left with no right in land and Consolidation Officer delivered..........
Jurisdiction -- Question of want of jurisdiction in Civil Court - Raised for the first time in High Court in second appeal and not raised before Courts below - Permissible - Question whether Civil Court had or did not have jurisdiction - Can be raised in second appeal for the first time where Court inherently lacking juris diction - Such a plea can even be raised in..........
Punjab Tenancy Act, 1887, Section 88, 77 -- Execution by Revenue Authorities of decree passed by Assistant Collector under Section 77 - Section 88 leaves no scope for doubt that provisions of Code of Civil Procedure applicable to execution of decree passed in a civil suit by a Revenue Court under Section 77 - Main and only residential house not liable to attachment or sale..........
Civil Procedure Code, 1908, Section 11, 60 - - Benefit conferred by provisions of Section 60(1)(ccc) - Cannot be voluntarily or otherwise parted with - Principles of res judicata not applicable to exemption under Section 60(1)(ccc) - Second application against execution raising objection that house attached being main residential house exempt from attachment in spite of..........
Civil Procedure Code, 1908, Section 60(6), 60(1)(ccc) - - Incumbent on Executing Authority before order of attachment to satisfy himself that residential house sought to be attached not exempt from attachment and sale as required by Section 60(6) - Failure to record such satisfaction - Attachment void ab initio - Whole proceedings subsequent to attachment including sale in..........
Civil Procedure Code, 1908, Section 115, 151, Order 39, Rule 1 -- Defendant's application for grant of temporary injunction - Trial Court ordered status q o as to possession - Defendant granted temporary injunction by Appellate Court - Plea that appellate order just therefore no interference in revision - Not tenable -Order of trial Court if treated to have been passed..........
Punjab Gram Panchayat Act, 1992, Section 13V, 13I, 99 - - Errors, defects or irregularities in proceedings of Prescribed Authority : (i) Presiding Officer did not sign/initial at the end of statements of witnesses and put dates thereon, and (ii) requisite certificate "R. O. & AC not there - Does not affect merits of case - Not by themselves enough to reverse or modify..........
