Search By Topic: Civil Procedural Law

458. (P&H HC) 10-05-2022

A. Code of Civil Procedure, 1908 (V of 1908), Section 100 – Punjab Courts Act, 1918 (6 of 1918), Section 41 -- Regular Second Appeal – Substantial question of law – Requirement of -- There is no requirement for framing of substantial questions of law.

(Para 10)

B. Registration Act, 1908 (16 of 1908), Section 17(1)(b), 49 – Transfer of immovable property – Compulsory registration – Requirement of -- Transfer of immovable property by way of sale can only be by a deed of conveyance / sale deed -- Without a stamped and registered deed of conveyance / sale deed, no right, title or interest in immovable property can be transferred -- Under the provisions of Section 17 of the Registration Act, 1908 where immovable property of the value of more than 100/- is conveyed, such sale could only be effected by a document of sale duly registered -- Section 17(1)(b) mandates that any document which has the effect of creating and taking away the rights in respect of an immovable property must be registered and Section 49 of the said Act imposes a bar on the admissibility of an unregistered document and deals with the documents that are required to be registered u/s 17.

(Para 14, 15)

C. Registration Act, 1908 (16 of 1908), Section 17(1)(b) – Transfer of immovable property by Pratigya Patra – Compulsory registration of – Requirement of -- Since, the ‘Pratigya Patras’ have the effect of creating and taking away the rights in respect of the suit property, they required registration under Section 17 of the Registration Act, 1908 -- Since both the ‘Pratigya Patras’ have not been registered, they cannot be taken into account to the extent of the transfer of the suit property.

(Para 15)

468. (P&H HC) 19-04-2022

A. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 13, 13-A (Haryana) -- Shamilat deh/ Gram Panchayat land – Title dispute – Jurisdiction of civil Court -- Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in the Gram Panchayat or not, would exclusively lie with the Collector, to the exclusion of the Civil Court.

(Para 9)

B. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 13, 13-A (Haryana) -- Shamilat deh/ Gram Panchayat land – Title dispute – Suit for injunction -- Relief claimed in the civil suit involves the adjudication of rights of the parties over the suit property, hence, the jurisdiction of the Civil Court over the matter would, therefore, be barred u/s  13 of the Act.

(Para 10)

C. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 13-A(1)(2) (Haryana) -- Shamilat deh/ Gram Panchayat land -- Injunction – Power of Collector – Contention that there was no alternative remedy available to plaintiffs for restraining the defendants, is devoid of any merit -- Section 13-A(2) of the Act provides for deciding the suits under Section 13-A(1) in the same manner, as is provided for, in the Code of Civil Procedure (CPC) -- Hence, the Collector also does have all such incidental powers to decide the suit effectively and also has the powers to grant injunction.

(Para 11)

D. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Rejection of plaint – Power of – Nature of – Stage of -- Trial Court erred in observing that since the evidence had commenced, an application under Order 7 Rule 11 of CPC was not maintainable -- Powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.

(Para 13)

470. (P&H HC) 18-04-2022

A. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 97, Section 151 -- Decree for permanent injunction – Police help for enforcement – Right of – Objection as to co-sharer and availability of remedy for partition – Once the suit for permanent injunction stood decreed the Executing Court could not render the said decree nugatory by holding that the petitioner ought to file a suit for partition -- A perusal of the judgement passed by the Trial Court while decreeing the suit for permanent injunction shows that at no point was a defence raised by respondent no.1 that he is a co-sharer in the suit land – Executing Court held that respondent no.1 is a co-sharer in the suit property and, hence, the only remedy with the petitioner/decree-holder would be to file for partition and dismissed the application – Held, Executing Court permitted the respondent no.1 to set-up a case beyond that pleaded by him in the suit itself – Impugned order is illegal and suffers from jurisdictional errors -- Revision allowed -- Impugned order set aside, application for providing police help for enforcement of the judgment and decree allowed and the objections filed by the respondent are dismissed.

(Para 1, 12-19)

B. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 97, Section 151 -- Decree for permanent injunction – Police help for enforcement – Additional documents in Execution – Reliance upon – Legality of -- Executing Court relied upon certain revenue documents to non-suit the petitioner -- However, these revenue documents were not part of any evidence and were merely produced by respondent no.1 -- Without any issues having been framed and evidence being led, the Executing Court could not accept any document merely produced by any party -- Procedure adopted by the Executing Court cannot be accepted -- Procedure adopted by the Executing Court cannot be accepted.

(Para 15)