Code of Civil Procedure, 1908 (V of 1908), Section 96 – Suit decreed by Trial Court -- Duty, scope and powers of the First Appellate Court -- High Court committed a serious error in neither forming the points for determination nor considering the evidence on record, in particular which had been relied upon by the Trial Court – Impugned judgment of the High Court is thus unsustainable in law and liable to be set aside -- Suit was instituted in the year 1991, more than three decades ago; the evidence discussed by the Trial Court is neither disputed nor demolished by the learned Counsel for the respondent – As such Court do not find any good reason to remand the matter to the High Court -- In order to put a quietus to the litigation and relieve the parties from any further harassment judgment of the High Court set aside and judgment and decree of the Trial Court confirmed to the extent that the appellant and the respondent would be entitled to ½ share each in the said property -- Trial Court shall accordingly proceed to draw out the proceedings for final decree of partition.

(Para 30, 31)

A. Indian Evidence Act, 1872 (1 of 1872), Section 114 -- Long years living as husband and wife – Birth of child – Presumption of -- It is well settled that if a man and a woman live together for long years as husband and wife, there would be a presumption in favour of wedlock -- Such a presumption could be drawn under Section 114 of the Evidence Act -- Although, the presumption is rebuttable, a heavy burden lies on him who seek to deprive the relationship of legal origin to prove that no marriage took place.

(Para 15)

B. Code of Civil Procedure, 1908 (V of 1908), Order 20 Rule 18 – Partition suit – Preliminary Decree – Final Decree – Role of -- Preliminary decree declares the rights or shares of the parties to the partition -- Once the shares have been declared and a further inquiry still remains to be done for actually partitioning the property and placing the parties in separate possession of the divided property, then such inquiry shall be held and pursuant to the result of further inquiry, a final decree shall be passed.

(Para 29, 30)

C. Code of Civil Procedure, 1908 (V of 1908), Order 20 Rule 18 – Preliminary decree -- Final decree – Limitation – Nature of -- Final decree proceedings can be initiated at any point of time -- There is no limitation for initiating final decree proceedings -- Either of the parties to the suit can move an application for preparation of a final decree and, any of the defendants can also move application for the purpose -- By mere passing of a preliminary decree the suit is not disposed of.

(Para 31)

D. Code of Civil Procedure, 1908 (V of 1908), Order 20 Rule 18 -- Preliminary decree – Final decree – Directions issued to Trial Courts -- Once a preliminary decree is passed by the Trial Court, the court should proceed with the case for drawing up the final decree suo motu -- After passing of the preliminary decree, the Trial Court has to list the matter for taking steps under Order XX Rule 18 of the CPC -- The courts should not adjourn the matter sine die -- There is also no need to file a separate final decree proceedings -- In the same suit, the court should allow the concerned party to file an appropriate application for drawing up the final decree – Suit comes to an end only when a final decree is drawn – Directions given to Trial Courts to list the matter for taking steps under Order XX Rule 18 of the CPC soon after passing of the preliminary decree for partition and separate possession of the property, suo motu and without requiring initiation of any separate proceedings.

(Para 32, 33)

A. Code of Civil Procedure, 1908 (V of 1908), Section 96 – First Appeal – Grounds of appeal -- Arguments raised that the Firm which is the owner of the property was not impleaded as a party as well as one of the vendees was not impleaded as a party -- Further, the argument raised that the suit was not maintainable in the present form -- None of the said arguments were specifically raised before the lower Appellate Court and are also not detailed in the memorandum of appeal filed before the lower Appellate Court -- Hence, the same deserve to be rejected.

(Para 8)

B. Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 3 -- Cause of action – Pleading – Simplicitor denial – Specific denial – Effect of – Paragraph in the plaint qua the content as to when the cause of action arose would be deemed to having been admitted by the defendant inasmuch as a perusal of the written statement reveals that there is a simpliciter denial to the said paragraph – In the absence of any specific denial, the contents of the paragraph would be deemed to be admitted.

(Para 8)

A. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Rejection of plaint – Ground of -- Order 7 Rule 11 CPC can be invoked when on the face of it i.e. on a meaningful reading of the plaint and the documents attached therewith, the suit does not disclose a cause of action; is undervalued; has been filed on insufficiently stamped papers; where it appears to be barred by any law; where it is not filed in duplicate; or where the plaintiff does not comply with the provisions of Rule 9.

(Para 9)

B. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11, Section 11 -- Rejection of plaint – Res-judicata – Plea of -- Order 7 Rule 11(d) CPC has limited application -- On a reading of the plaint it should be apparent that the suit is barred by any law -- When the plea of res-judicata is raised, the same being a mixed question of law and fact, it cannot be gone into without there being any evidence on the record and, thus, such a case is not one that can be dismissed on an application under Order 7 Rule 11 CPC.

(Para 10)

Code of Civil Procedure, 1908 (V of 1908), Order 26 Rule 9 -- Constitution of India, Article 227 -- Appointment of Local Commissioner – Dismissal of application – Revision against – Maintainability of -- Order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order.

(Para 9)

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 CPC – Eviction petition -- Amendment in written statement – Rent Controller permitted the respondent to amend the written statement without examining the effect thereof -- In the original written statement, he admitted the relationship of landlord and tenant between the parties to the petition -- However, by way of the proposed amendment, he now wants to take a destructively contradictory stand, he claims that there is no relationship of landlord and the tenant between the parties to the petition -- Order permitting the amendment to the extent of denying relationship of landlord and tenant is set aside.

(Para 3-7)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13, 15 -- Long pendency of rent petition -- Rent petition remained pending for the last 13 years -- Rent Controller directed to conclude the proceedings within a period of 6 months.

(Para 8)

Code of Civil Procedure, 1908 (V of 1908), Section 24 – Hindu Marriage Act, 1955 (25 of 1955), Section 9 – Restitution of conjugal rights petition – Transfer from Bathinda Camp at Phul to Faridkot – Distance between two town is 60 K.M – Both the towns adjoin each other and are interconnected by the well metalled road with all types of conveyance and facilities -- Being a civil matter, presence of the applicant is not required and the husband is trying to seek restoration of his rights of matrimonial relationship and the wife is trying to evade her obligations rather goes against the very conduct of the wife – Transfer application dismissed.

(Para 1-4)

Code of Civil Procedure, 1908 (V of 1908), Order 14 Rule 5 -- Constitution of India, Article 227 -- Additional issue at the stage of arguments -- Trial Court held that issue No.1 was wide enough to cover the entire controversy, dismissed the application -- It is trite that an additional issue can be framed at any point of time, however, both the parties were fully aware about the controversy involved in the suit and have led evidence to prove their respective pleas -- Issue nos.1 and 2 are broad enough to cover the entire controversy in issue – No illegality or infirmity in the impugned order passed by the Trial Court – Revision petition dismissed.

(Para 6-8)

Real Estate (Regulation and Development) Act, 2016 (16 of 2016), Section 58 – Code of Civil Procedure, 1908 (V of 1908), Section 100 -- RERA Appeal in High Court – Substantial question of law -- Appeal u/s 58 of the RERA, 2016, is maintainable only on one or more grounds specified in Section 100 of the CPC which provides for the substantial question of law.

(Para 2-5)

A. Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1 – Delay in written statement – Condonation of delay – Discretion of court -- Provision is directory in nature, however, at the same time the Courts must exercise their discretion to condone the delay, if any, in filing the written statement after exercising due circumspection and in case there appears to be an attempt on the part of the defendant to engage in dilatory tactics, the Courts should nip the same unhesitatingly.

(Para 5)

B. Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1 – Delay in written statement – Miscarriage of justice -- Petitioners granted four opportunities to file their written statement, however, they failed to do so -- If the petitioners are not granted one more opportunity, they would suffer irreparable loss which in turn would result in miscarriage of justice -- Therefore, for just and proper adjudication of the case, this Court deemed it appropriate to grant one last effective opportunity to the petitioners to file their written statement subject to payment of costs in the sum of Rs.5,000/- to be paid to the respondent which shall be a condition precedent.

(Para 6, 7)

Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1 – Production of additional documents – Delay in -- It is well settled that rules of procedure are hand-maid of justice and, therefore, even if there is some delay, the trial Court should have imposed some costs rather than to decline the production of the documents itself -- Appellants/defendant Nos. 2 to 5 permitted to file the documents and to prove the same in accordance with law.

(Para 4-7)

Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 8 – Representative suit for partition – Non-impleading of all co-owners – Permissibility of – Trial court permitted notice via publication in accordance with Order I Rule 8 CPC – Held, in a suit for partition, every party, be it the plaintiff or the defendant, has his own interest to secure – Order set aside, trial Court requested to direct the plaintiff to implead all the co-owners as party-defendants and thereafter, proceed with the matter.

(Para 4)

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)

Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 1 -- Limitation Act, 1963 (36 of 1963), Section 5 -- Delay of 318 days in preferring appeal – Condonation of delay – Contended that out of the delay of 318 days, 126 days' delay satisfactorily explained, qua the remaining 192 days the delay had not been entirely explained, however, it had been caused due to the sanction and approval from the quarters concerned not being given in time on account of the long departmental procedure – Held, Courts should adopt a liberal, pragmatic and justice oriented approach and a litigant should not be made to suffer for the misdemeanour or inaction on the part of his counsel – Appellate Court dismissed the application for condonation of delay -- Impugned order set aside with costs of Rs.10,000/-.

(Para 1-7)

Code of Civil Procedure, 1908 (V of 1908), Order 26 Rule 9 -- Appointment of Local Commissioner – Suit for rendition of accounts of rent -- Dispute revolved around the exact location of the two shops in dispute – Held, burden of proof rests on the party which asserts the existence of some fact -- Therefore, it is the respective parties who would have to discharge the burden by leading cogent evidence in support of their assertion and pleaded case – Held, petitioner cannot be allowed to collect evidence through the Court by levelling allegations of aggressive behaviour of the respondents.

(Para 2-6)

Code of Civil Procedure, 1908 (V of 1908), Section 96(1), Order 23, Rule 3, Order 43 Rule 1A -- Compromise decree – Application for setting aside of decree – Fraud and collusion – Plea of -- Trial Court returned a finding that such application is not maintainable and such view was affirmed by the High Court – Held, appellants had the right to avail either the remedy of appeal in terms of Order 43 Rule 1A CPC or by way of an application before the court granting decree -- Therefore, the application filed by the appellants before the Court which granted the decree cannot be said to be without jurisdiction -- Order passed by the High Court set aside -- Matter remitted back to the High Court for fresh decision on the application and the same will be decided on merits in accordance with law.

(Para 3-6)

Code of Civil Procedure, 1908 (V of 1908), Section 24 -- Hindu Marriage Act, 1955 (25 of 1955), Section 13(i)(b) – Transfer of divorce petition from Panchkula to U.T. Chandigarh – Primary reasons for the wife that it was difficult for her and not convenient to attend the hearings in Panchkula on each and every date of hearing in view of the fact that her husband is a police constable – Panchkula and Chandigarh are adjoining to each other and alongwith Mohali are termed as tri-city and are interconnected and there is not much of a difference between the two what to talk of the distance which could be a cause for inconvenience and hardship for the wife -- Section 24 of the CPC cannot be so loosely construed so as to come to the aid of the wife on frivolous and flimsy reasons for getting the matter transferred -- Petition is nothing but a pure misuse of the process of the law and there being no merits stands dismissed.

(Para 1-4)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – Amendment of rent petition -- Ejectment petition at the very initial stage inasmuch as issues are yet to be framed -- Landlord-respondent has sought the eviction of the tenant-petitioner on the ground of personal bona fide necessity of himself and his wife and in the petition it has been mentioned that he has not vacated any such building in the urban area concerned without any sufficient cause after the commencement of the East Punjab Urban Rent Restriction Act, 1949 – Amendment sought is that wife has also not vacated any building in the urban area concern without sufficient cause after the commencement of the Act-III, 1949 in the urban area concern nor she is occupying any other building in the urban area concern – Amendment allowed by Rent Controller – Revision by tenant dismissed

(Para 5-9)

Code of Civil Procedure, 1908 (V of 1908), Order 18 Rule 3 -- Additional evidence – Rebuttal evidence -- Plaintiffs intended to examine HS as witness in their additional evidence which was dismissed – Plaintiffs then moved application to examine the same person in their rebuttal evidence -- Plaintiffs have left no stone unturned to fill up the lacunae in their affirmative evidence and now, under the garb of seeking permission to examine the said plaintiff as witness in their rebuttal evidence, they have made another attempt for this purpose which is not permissible.

(Para 7)

Code of Civil Procedure, 1908, (V of 1908), Order 39 Rule 4 – Constitution of India, Article 227 -- Ex-parte injunction – Setting aside of – Non-decisioning on application – Revisional jurisdiction -- Trial Court adjourning the application for setting aside ex-parte injunction order and extending the ad-interim order without deciding the application – Revision disposed of with directions to the trial Court to decide and dispose of the application under Order 39 Rule 4 CPC expeditiously preferably on the next date of hearing fixed before it, in accordance with law.

(Para 1-3)

A. Code of Civil Procedure, 1908 (V of 198), Order 7 Rule 11 – Limitation – Application for rejection of plaint – On a plain reading of the plaint it cannot be inferred or deduced that the suit is barred by limitation – On the face of it, the averments made in the plaint make out a case, within limitation, against the defendant-petitioners – Application dismissed.

(Para 8)

B. Code of Civil Procedure, 1908 (V of 198), Order 7 Rule 11 – Rejection of plaint – Scope of – Exercise of powers under Order VII Rule 11 CPC are drastic ones and a duty is cast on the Court to determine whether the plaint on a plain reading along with documents discloses a cause of action – No other document, be it a written statement or application for rejection of the plaint, can be looked into at this stage.

(Para 8)

Court-fees Act, 1870 (7 of 1970), Section 7 -- Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Suit for declaration – Challenge to sale deed alleging security document – Ad-valorem court fees – Requirement of -- Rejection of plaint – Application was allowed and it has been held that the plaintiff-petitioner is bound to pay ad-valorem court fee and granted one opportunity to make good the deficient court fee and if on the given date he would not do so then the plaint shall be rejected – Held, plaintiff-petitioner is the executant of the sale deed -- It is also the admitted fact that the sale deed bears his signatures and is a registered document – Argument that since the plaintiff-petitioner is in possession of the property and, hence, it is merely a decree of declaration and ad-valorem court fee is not to be affixed, is wholly untenable in law.

(Para 7, 8)

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)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Code of Civil Procedure, 1908 (V of 1908), Order 26, Rule 1, 4 -- Compensation in motor vehicle accident case – Appointment of Local Commissioner for recording statement of eye-witness to accident – Report of the Process Server that the said witness is unwell and is undergoing dialysis -- No reason to disbelieve the report -- Petitioners cannot be expected to have the medical history of an eye-witness of the accident – Tribunal directed to appoint a Local Commissioner to record the statement of the said eye-witness.

(Para 6)

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)

Code of Civil Procedure, 1908 (V of 1908), Order 9 Rule13 – Ex-parte judgment and decree – Setting aside of – Entire decretal amount deposited by the appellants to show their bonafide, bank is secured -- If the appellants are given one additional opportunity to defend the suit it will be in the fitness of things and meet the ends of justice -- Exparte decree quashed and set aside, original suit restored -- Appellants-original defendants to file written statements within a period of four weeks from the first appearance -- It will be open for the respondent-Bank/original-plaintiff to withdraw the same and keep it in an interest bearing fixed deposit subject to the ultimate outcome of the suit.

(Para 3-4.2)

Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 -- Civil suit for recovery – Application by defendant for impleadment of new defendant -- Necessary party -- Privity of contract – Effect of -- Proposed defendant was not a party to the transaction between the petitioners and respondent No.1-plaintiff -- Petitioners were to deliver the said goods of respondent No.1-plaintiff to proforma respondents No.2 and 3 and they are stated to have engaged the proposed defendant No.5 to transport the same -- Thus, there was no privity of contract between respondent No.1-plaintiff and the said proposed defendant – Held, proposed defendant Company cannot be construed to be a necessary party for proper and effective decision -- Plaintiff enjoys the status of dominus litis and has every right to pursue his claim against anyone he thinks fit – Application dismissed by Trial Court – Revision against dismissed.

(Para 1, 5, 6)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13B -- Punjab Rent Act, 1995 (13 of 2012), Section 24 -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 -- NRI landlord -- Ejectment petition under 1949 Act -- Amendment seeking deletion of the provisions “u/s 13-B of the East Punjab Urban Rent Restriction Act, 1949” and to replace it with the words “u/s 24(3) of the Punjab Rent Act, 1995” wherever it was so mentioned and further to add the words that the petitioner has since then returned to India permanently – Rent controller allowed the amendment – Court below considering that the plea of tenant whether the landlord has come permanently and settled in India or not, is subject to the decision of the Court on merits after evidence – Order under assail needs to be upheld.

(Para 2-8)

Code of Civil Procedure, 1908 (V of 1908), Order 23 Rule 1, Proviso – Suit challenging the will – Suit permitted to withdraw with liberty to file a fresh without any application and without recording any reason – Held, a suit, after its institution, can be permitted to be withdrawn in accordance with the Order 23 Rule 1 CPC – Plaintiff was required to establish that the suit suffers from a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the same subject matter -- Court, while passing the impugned order, did not examine the proviso of Order 23 Rule 1 CPC -- Petition allowed and the order under challenge set aside.

(Para 2-4)

Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 11, 13 – Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11,  Section 9 – Common land -- Title dispute – Jurisdiction of Civil court -- Plaint rejected as the plaintiffs sought a decree of declaration that the various orders passed by the authorities while deciding the suit u/s 11 of the 1961 and other orders are illegal, null and void -- Section 13 of the 1961 Act specifically bars the jurisdiction of the Civil Court with respect to the correctness of the orders passed by the authorities nominated under the 1961 Act – No ground to interfere is made out.

(Para 1, 2)

A. Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1 – Delay in written statement – Condonation of delay -- Provision is directory in nature, however, the Courts must exercise its discretion to condone the delay, if any, in filing of written statements after exercising due circumspection and also should nip any attempts which may be discernible to unduly prolong a suit/case.

(Para 4)

B. Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1 – Unexplained delay in written statement – Defence struck off – Challenged in revision -- Defendant entered appearance through his counsel on 23.01.2017 -- Petitioner-defendant was granted repeated opportunities to file his written statement including a last opportunity which was given on 21.09.2017 -- Defence was ordered to be struck off -- No cogent reason shown for failing to file written statement within stipulated time period even though the Court below granted him numerous opportunities – Nothing on record to suggest that the petitioner-defendant had been prevented from filing his written statement for reasons beyond his control – High Court does not find any illegality much less perversity in the impugned order.

(Para 4-7)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Ad-valorem Court fees – Non-fixation of -- Rejection of plaint – Contention that plaintiff has claimed the quantified compensation/damages in the said Civil Suit and therefore, he was required to affix the requisite ad-valorem court-fee on the plaint accordingly whereas he has filed this Suit while affixing the court-fee of Rs.50/- only on the plaint and it being so, the impugned order is not legally sustainable and is liable to be set-aside – Defendant had no right to move the superior Courts by way of appeal or revision petition in the eventuality of the said question having been decided against him -- Revision petition deserves dismissal. Sri Rathnavarmaraja’s case 1961 AIR (SC) 1299 relied.

(Para 4, 5)

Constitution of India, Article 227 – Deficiency in ad-valorem court fee – Maintainability of revision -- Revision petition on behalf of defendants complaining deficiency in payment of the Court fee is not maintainable.

(Para 2)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – Rent law – Eviction petition -- Amendment in pleadings -- Once the trial has commenced, the Court should not allow amendment in pleadings -- It is not the case of the petitioner that certain new facts came to his knowledge after the commencement of the trial -- All the facts which the petitioners are wanting to incorporate were well within their knowledge -- Moreover, the amendment in the plaint has been sought by the petitioners at a highly belated stage when the case is fixed for rebuttal evidence and arguments – Application dismissed – Revision against that order dismissed.

(Para 1, 10)

Constitution of India, Article 227 – Code of Civil Procedure, 1908 (V of 1908) Order 6 Rule 17, Section 151 – Amendment of plaint -- Plaintiff dispossessed from the suit land -- Application for amendment in the wake of intervening developments and circumstances -- By way of amendment seeking addition of cause of action which had been necessitated on account of the subsequent events – Held, court must allow all such amendments which may be necessary for the purpose of determining the real controversy between the parties – Merits of the case cannot be adjudicated upon while deciding an application under Order 6 Rule 17 of the CPC – Application for amendment allowed by Lower Court – Revision challenging the same dismissed.

(Para 1, 4, 5)

Constitution of India, Article 227 -- Code of Civil Procedure, 1908 (V of 1908), Order 5 Rules 9, 17, 18, 19, 21, 23 – Service of summons -- Territorial jurisdiction -- Defendant-petitioners were residing outside the territorial jurisdiction of the Court where the suit was instituted -- Service by way of registered post acknowledgement due directly by the Court where the suit was instituted cannot be deemed to be proper service -- Procedure adopted by the Trial Court was contrary to that laid down in Order 5 Rules 9 and 21 CPC -- Impugned order set aside, petition allowed.

(Para 2, 18, 19)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Application under Order VII Rule 11 CPC for rejection of the petition dismissed – Eviction order passed – Challenge to order passed in application – Maintainability of – Held, once, the final order has been passed in the eviction petition, the revision petition rendered infructuous.

(Para 1, 2)

Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 25 -- Framing of additional issue by lower Appellate court – Remand of entire case for deciding it afresh to Trial Court – Held, Lower Appellate Court without setting aside the findings recorded by the Trial Court could not have set aside the judgment and decree in its entirety -- Impugned order modified to the extent that the matter would be referred to the Trial Court only to the limited extent of taking additional evidence qua the freshly framed issue, if required, and to try the freshly framed issue -- Report shall thereafter be sent to the lower Appellate Court which shall decide the appeal in accordance with law – Appeal allowed.

(Para 7-13)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Suit for recovery – Territorial jurisdiction – Rejection of plaint – Trial Court dismissed the application under O-7, R-11 – Case is mature for disposal -- Question of territorial jurisdiction appears to be a mixed question of law and facts, which can be properly decided while hearing arguments on merits.

(Para 6-7)

Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 27 – First appeal – Application for additional evidence – Application was ordered to be heard with main appeal – Appeal dismissed without deciding the application – It is incumbent upon the lower Appellate Court to decide the application under Order 41 Rule 27 CPC along with the main appeal – Appeal allowed, case remanded back to the lower Appellate Court for deciding the appeal afresh along with the application under Order 41 Rule 27 CPC. T.N. Sahani’s case (2001) 10 SCC 619 relied.

(Para 3,9)

Code of Civil Procedure, 1908 (V of 1908), Order 26 Rule 9 – Appointment of Local Commissioner -- Suit for partition with possession and consequentially for permanent injunction -- Parties are co-owners/co-sharers of the properties in question which is unpartitioned and by moving the application is trying to ascertain as to the exact position existing at the spot and the state of affairs as to which party is in possession of the property and to report as to the construction and its extent -- Party should not be allowed to create evidence during the trial with the aid of the Court and must stand on its own legs to adduce evidence to establish its case independently.

(Para 5)

Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10(2) – Transposition of defendant into plaintiff -- Application by Performa defendant to transpose as a co-plaintiff -- Alleges that the original plaintiff has not led any evidence to prove her case – Dispute in the case is with regard to the validity of the alleged Will executed by the predecessor in interest of the parties -- If it is proved that deceased did not leave behind a testamentary document, then all the Class-I heirs including the petitioner will be entitled to succeed to the property in accordance with the provisions of the Hindu Succession Act, 1956 – Held, valuable rights of the parties including the petitioner are to be adjudicated -- In such circumstances, it becomes incumbent to permit the parties to lead evidence in order to prove their case – Plaintiff does not oppose the prayer -- Petitioner is permitted to be transposed as plaintiff no.2.

(Para 3, 7-9)

Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 2 -- Suit for permanent injunction – Exhibition of documents -- Pleadings – Requirement of -- Application for comparison of signatures on panchayati compromise -- Court dismissed the same on the ground that such document is beyond the pleadings – Held, document sought to be produced and proved in evidence is not required to be pleaded in the pleadings -- If it is necessary to prove the case of a party to the suit, the Court will not shut its doors or debar him from producing the same only on the ground of lack of pleadings with respect to the aforesaid document -- Revision allowed.

(Para 3,8,9)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Court-fees Act, 1870 (7 of 1970), Section 7 -- Ad valorem Court fee – Application for rejecting the plaint on account of non-payment of ad valorem Court fee -- Trial Court allowed the application and directed the plaintiff-petitioner to affix ad valorem Court fee – Relief sought by the plaintiff-petitioner is that he be declared owner of the subject matter of the sale deeds as property was purchased benami in favour of the defendant and relations between the plaintiff and the defendant have soured -- Plaintiff and defendant are husband and wife -- Plaintiff is seeking annulment of the sale deeds, which are subject matter of the suit and is, thus, required to affix ad valorem Court fee -- Held, trial Court was justified in passing the impugned order.

(Para 5)

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Arrears of rent – Provisional assessment of rent – Excess of -- Rent assessed is only provisional and if the final adjudication by the Rent Controller is at variance with this provisional assessment and if the amount deposited by the petitioner-tenant is found to be in excess, the Rent Controller can direct a refund.

(Para 10)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Code of Civil Procedure, 1908 (V of 1908), Order 15 Rule 5 – Arrears of rent – Assessment of -- Argument that Rent Controller ought to have assessed the rent as laid down in Order 15 Rule 5 CPC cannot be accepted.

(Para 11)

Code of Criminal Procedure, 1973 (2 of 1974), Section 125, 126 – Maintenance to minor – Territorial jurisdiction -- Marriage of the mother of the petitioner as well as the respondent took place and they resided together at Sonepat -- Petitioner was also born in the territorial jurisdiction of Sonepat and respondent, who is in a legal professional, is staying as well as practicing at District Courts at Sonepat -- Mere fact that the petitioner is no longer residing at Sonepat, does not oust the territorial jurisdiction of the Sonepat Court to try and entertain the petition – Petition instituted by the minor petitioner at Sonepat is maintainable.

(Para 6-8)

A. Civil Proceedings – Nature of -- It is well settled that the civil proceedings are required to be decided on preponderance of probabilities.

(Para 5)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13-B – NRI landlord – Bonafide need -- British Passport – Effect of -- Right is given only once in the lifetime of an owner -- Argument that since the respondent applied for British Passport after filing the petition therefore, the Court must draw an adverse inference that he is not serious to return India – Held, there is no occasion to such an inference in absence of material to that effect merely, because the respondent (landlord) applied for and was issued a British Passport does not necessarily carry on assumption, that the respondent is not interested in coming back to India.

(Para 7)

Code of Civil Procedure, 1908 (V of 1908), Section 24 -- Guardians and Wards Act, 1890 (8 of 1890), Sections 19, 24, 25 – Transfer of case -- Custody of the minor child – Child residing with her maternal grandparent after the demise of her mother -- In case the matter is transferred out of District Rupnagar the maternal grandparent, who is 72 years of age, would need to travel a long distance along with the minor child – Evidence has partially been recorded – Transfer petition dismissed.

(Para 13)

Code of Civil Procedure, 1908 (V of 1908), Section 50(1) – Judgment debtor died – Legal representatives – Requirement of -- Decree holder ‘may apply to the Court’ for execution of the decree against LRs of a deceased-judgment debtor – Language indicates that the provision is not mandatory – Judgment debtor himself was served and his property has been attached for sale – There was, thus, no need to implead his LRs.

(Para 1-3)

Code of Civil Procedure, 1908 (V of 1908), Section 24 -- Hindu Marriage Act, 1955 (25 of 1955), Section 9 – Transfer of petition from Sirsa to Mohali -- Restitution of conjugal rights petition -- Applicant/ petitioner is residing at Mohali -- Complaint under Domestic Violence Act, 2005 and complaint u/s 498-A of IPC are already pending at Mohali, it would be proper, appropriate and in the interest of justice if all cases are tried and decided at one place -- Transfer application allowed.

(Para 3, 6-8)