Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 9 -- Appeal against eviction order - Notice under Section 7(2) challenged in Civil Court dismissed on the ground of no, service of notice under Section 80 Civil Procedure Code upon State - Not correct that appeal not maintainable on account of dismissal of suit...........
Civil Procedure Code, 1908, Section 35B -- Party defaulting in payment of costs on the date fixed for payment i. e. date next following the date of order of payment of costs - Issue not raised on that date by either of the parties or taken notice of by Court - Party defaulting not barred on subsequent date or dates from prosecuting suit or defence as the case may be -..........
Civil Procedure Code, 1908, Section 35B -- Mandates further prosecution of suit or defence a condition precedent on payment of costs - Defaulting party not allowed to take any further step or produce evidence - Does not mean that whatever is already on record before that date also wiped off as no, est or no, existent - Resultant effect of default on date next following..........
Punjab Municipal Act, 1911, Section 86, 61(1)(a) -- Challenge to imposition of house-tax on the ground that property stood outside municipal limits - Within jurisdiction of Civil Courts - Duty of Civil Court to enquire into the matter whether plea raised about jurisdiction f Authorities purporting to act under a statute, well founded or not - 'lea regarding location of..........
Limitation Act, 1963, Section 14 -- Court contemplated under Section 14 does not necessarily mean Civil Court under Code of Civil Procedure - Any Tribunal or Authority deciding civil rights of parties deemed to be a Court - No requirement of Section 14 that earlier proceedings should be in a Civil Court - Requirement that proceedings should be civil proceedings in a Court..........
Specific Relief Act, 1963, Section 16(c) -- Plaintiff to aver and prove that he has performed or was always ready and willing to perform his part of contract - Forms 47 and 48 of Appendix 'A' of Civil Procedure Code conform to Section 16(c) - Incumbent on plaintiff in a suit for specific performance to set out : (i) agreement in all its details, (ii) applied to defendant..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Abatement - Principles of Order 22 Civil Procedure Code - Not applicable to proceedings under Section 42 - Death of one of the respondents during pendency of Section 42 proceedings - Failure to bring legal representatives of deceased respondent on record within prescribed period..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Impleading of a vendee as a defendant after expiry of period of limitation - All persons shown as vendees in Certified Copy of Sale Deed impleaded - No reason to suspect error in Certified Copy - No evidence to show that on date of suit..........
Limitation Act, 1963, Section 21(1) - - No corresponding provision in Section 22 of repealed Limitation Act, 1908 - Severity of law (under repealed Act when after institution of suit new plaintiff or defendant substituted or added, suit as regards him deemed to be instituted when so made a party) reduced by Proviso to Section 21(1) - Change in Section 21 made so that..........
Punjab Land Records Manual -- Para 9.9 - Correction of Khasra Girdawari entry - Land in dispute proceeded against under Section 145 Criminal Procedure Code and matter still under adjudication in those proceedings - Correction of entry in Khasra Girdawari after spot inspection by Revenue Officials - Not correct - Factum of possession is to be decided by Executive..........
