Civil Procedure Code, 1908, Section 151, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Cannot be granted in violation of provisions of Section 4l(b) Specific Relief Act...........
Punjab Pre-emption Act, 1913, Section 15, 4, Specific Relief Act, 1963, Section 41(b), Civil Procedure Code, 1908, Section 151 -- Pre-emption suit on ground of co-sharer- Vendee filed application before Assistant Collector for partition of Khewat and separation of share of land purchased - Ad interim injunction restraining vendee from pursuing partition proceedings -..........
Civil Procedure Code, 1908, Order 43, Rule 1, 1A, Civil Procedure Code, 1908, Order 23, Rule 11 -- No appeal lies under Section 96(3) from a decree passed by Court with consent of parties - Clause (m) of Rule 1 of Order 43 deleted by Civil Procedure Code (Amendment) Act 1976 with effect from 1.2.1977 and instead Rule lA inserted which provides appeal against a decree..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Collector exercising functions under Section 11 - Not required to observe procedure as prescribed in Civil Procedure Code except to entertainment of claim application in the form of a statement duly signed and verified in the manner provided in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11(2) -- Commissioner exercising functions under Section 11(2) as Appellate Authority - Not required to observe procedure as prescribed in Civil Procedure Code - Appellate Authority when conferred with power to pass such order as it may deem fit in relation to order appealed against, includes in it power to remand..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Second application under Section 7 - First application under Section 7 dismissed for default - Second application not barred - Principle of res judicata can be invoked only if a decision on merits has been made and not otherwise...........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Decree-holder if fails to deposit amount within time allowed - Section 28 provides for such a situation - Effect not provided for in Rule 12-A of Order 20 Civil Procedure Code - Section 28 itself inter alia provides for extension of time - Decree for specific performance directed..........
Civil Procedure Code, 1908, Section 35B, 151, 148 -- Whether a Court which passes order under Section 35-B striking off defence fox- not paying costs, can recall/review its order and/or extend time for payment of costs under Section 151 and/or Section 148, on sufficient cause being shown - Application for recalling order passed under Section 35-B maintainable under Section..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 12(2), Article 122 -- Application for restoration of suit dismissed in default - Exclusion of period spent in obtaining certified copy of order under Section 12 Limitation Act - Not permissible - Application for restoration not covered under Section 12(2) Limitation Act - Article 122 Limitation Act..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal of suit (for declaration and injunction) for default of appearance as well as under Section 35B - Application for restoration filed beyond 30 days (time spent in obtaining certified copy of order cannot be claimed under Section 12(2) Limitation Act) - Should have been allowed on payment of heavy costs...........
