Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
Contract Act, 1872, Section 62, Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Agreement executed by defendants in favour of plaintiff found to be an agreement not in variation of original agreement executed by father of defendants No.1 to 4 but an agreement reiterating entire terms and conditions adumbrated in original agreement - 2nd..........
Wakf Property -- Eviction - Petitioner had taken land on lease from Wakf Board till 1993-94 - He has been paying lease to Wakf Board - Petitioner filed civil suit showing himself to be a tenant of Wakf Board and it is only at a later stage that he changed his stance to seek amendment of pleadings to contend that land belonged to Rehabilitation Department - Punjab Govt. on..........
Court Fees Act, 1870, Section 7(iv) -- Suit claiming share in property on basis of Will - Valuation of suit property - Value of superstructure not given separately by valuer of plaintiff - While giving value of some other properties in locality, valuer of plaintiff valued them on the basis of land price, on ground that they were old properties - Held, that value of..........
Criminal Procedure Code, 1973, Section 145 -- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very initial stage, if there is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit remained pending for five years after defendant was proceeded ex parte - Application to set aside ex parte decree filed after more than a year of passing of the ex parte decree - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 10, Order 7 -- Stay of suit - Five suits filed together on one day - One suit dismissed on ground of limitation against which appeal still pending - S.10 or O.7.R.11 CPC is not applicable to stay the other four suits as (i) All the five suits related to different portion of lands and different sale deeds; (ii) Though the sale deeds..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Temporary injunction - Shared house-hold - Daughter-i, law of petitioner had already obtained residence order to live in shared house-hold invoking provision u/s.19 of the Act of 2005 - In appeal, impugned residential order has been stayed by appellate..........
Civil Procedure Code, 1908, Section 100(5) -- Substantial question of law - Appointment of Mutawali - Original plaintiff filed suit for being appointed as Mutawali of the trust - He died during pendency of second appeal - Whether legal representatives will be entitled for being appointed as Mutawali of the trust? - Held, this is a substantial question of law which has to..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - De novo trial - Issue of estoppel and locus standi - Failure to record finding thereon - Held, suit could not be remanded merely because trial court failed to record findings on issues regarding estoppel and locus standi of plaintiff to file suit - Moreover, judgment and decree of the trial Court could not..........
