Civil Procedure Code, 1908, Section 115, 35B -- Revision against order debarring defence for failure to comply with order under Section 35 B and decreeing suit - Maintainability of - Inspite of the fact that order allowing application under Section 35-B resulted in a decree, such order falls within ambit of phrase "any case which has been decided" - Revision maintainable...........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs on the date next following date of order of payment of costs - Issue neither raised by either of the parties or taken notice of by Court - Cannot be raised on every subsequent date to press into service provisions of Section 35-B...........
Partition -- Right to enforce partition - Continuous right - Enures so long as joint tenancy continues - Suit for partition dismissed for default - Does not bar a subsequent suit for partition - Order of dismissal for default cannot amount to res judicata - Civil Procedure Code, Section 11 and Order 9 Rules 8 and 9...........
Civil Procedure Code, 1908, Section 35B, 11, Order 9, Rule 8, 9 -- Suit for partition - Preliminary decree passed - Application for passing final decree dismissed under Section 35-B - Subsequently second application for passing final decree Not barred - As long as property remains joint, decree-holder entitled to claim its partition - Even a separate suit subsequently for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Amendment to plead application of Section 15(2) Punjab Pre-emption Act vis a-vis shares of female vendors and also to clarify in plaint that plaintiff son of husband's brother of certain vendors and brother's son of another vendor - Relationship which plaintiff wants to bring out in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be issued against a statutory authority performing its statutory functions - Contrary to spirit of Section 31 Specific Relief Act to grant injunction to restrain a statutory authority to stop obeying mandate of law which created it - Injunction cannot be granted to restrain any person from..........
Punjab Co-operative Societies Act, 1961, Section 63, 56 -- Execution in Civil Court of Award obtained by Central Co-operative Bank against Cooperative Society - Request made in execution proceedings that decretal amount be recovered by sale of property belonging to persons named - Objection accepted that decretal amount could not be recovered from property of named persons..........
Civil Procedure Code, 1908, Section 2(2), Order 41, Rule 3A, Rule 9 - - Order dismissing appeal after dismissal of application under Section 5 Limitation Act - Not a decree within meaning of Section 2(2) of Code - Not open to Court to extend meaning of word "decree" and include in it other kind of orders though they are similar to orders expressly included in the..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 1, 10, 13 -- Objection in written statement that suit liable to be dismissed because of no, impleading of State a necessary party - Application under Order 23 Rule 1 for withdrawing suit with permission to file a fresh one-Allowed since State a necessary party and suit against State..........
Civil Procedure Code, 1908, Section 80 -- Want of notice - A technical defect - Provisions of Section 80 express, explicit and mandatory and admit of no implications or exceptions...........
