Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Guiding principles : (i) To reject a plaint on the ground that the suit is barred by any law, only the averments in the plaint will have to be referred to; (ii) The defence made by the defendant in the suit must not be considered while deciding the merits of the application; (iii) To determine whether a..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Barred by res judicata - An adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond the scope of O.7.R.11(d) CPC where only statements in plaint will have to be perused...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When the decision in former suit is not on merits, it would not be res judicata in a subsequent suit...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - U.O.17.R.1 CPC on a date of adjourned hearing, if a party was absent, Court either would act U.O.9 CPC or otherwise as it thought fit or if a party was present but it did not produce evidence, it would proceed to decide suit forthwith without benefit of evidence...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of all the LRs of defendant No.3 - When estate/interest was being fully and substantially represented in the suit jointly by other defendants and when they are also LRs of deceased defendant, suit cannot abate by reason of non-impleadment of all LRs of deceased defendant...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Can be varied in final decree proceedings at the request of party, where law governing the parties has been amended before conclusion of final decree proceedings...........
Partition suit -- Settlement deed in a partition suit without any written consent of all the parties is unlawful - Therefore, decree by consent amongst only some of parties cannot be maintained...........
