• Abatement - Murder - Suit for compensation - Wrong doer died during the pendency of the suit - Trial court dismissed the  suit as abated - The maxim `actio personalize moritur cum persona` will not apply - Provision also makes it clear that on the death of any person, all causes of action subsisting against or vested to him shall survive qua his estate - Fatal Accidents Act, 1855 (13 of 1855) S. 1-A. (173) PLR 

Civil Court Decree -

Limitation to challenge - Limitation for challenging such decree is three years as per Articles 58 and 59 of the Limitation Act, 1963 (36 of 1963). (2017-4) Punjab Law Reporter

Civil Procedure Code, 1908 (V of 1908) -

Motor Vehicles Act, 1988 (59 of 1988) Section 166 - Evidence - DDR in which there is some overwriting besides it manipulation of with a different pen and ink - A glance at the impugned order transpires that as many as four questions have been formulated on which an opinion of the Andhra Pradesh Forensic Science Laboratories has been sought which clinch the matter in controversy and enable the Tribunal to pass an effective and judicious award - The mere fact that the strict proof and procedure as reflected in the Evidence Act as well as the Code of Civil Procedure are not applicable to the claim petition does not ipso facto mean that the Tribunal is powerless to summon any record or to call for report of Forensic Science Laboratory, if something suspicious comes into light - Evidence Act, 1872 (1 of 1872). (2017-4) Punjab Law Reporter

Civil Procedure Code, 1908 (V of 1908) Section 10 -

East Punjab Urban Rent Restriction Act, 1949 (III of 1949) Section 13 - Application moved for ejectment which is pending - Subsequent thereto respondent has filed a suit for specific performance on the basis of an alleged agreement to sell - Application for stay of further proceedings in the suit - Application dismissed - Subject matter is not the same in its entirety; secondly the reliefs claimed are different and parties as well as cause of action are also different and even the jurisdiction of the court is also different in both the suits - Order upheld. (2017-4) Punjab Law Reporter

Civil Procedure Code, 1908 (V of 1908) Section 144, 2(2) -

A decision on an application under Section 144 CPC is a decree as per the definition of decree contained in Section 2(2) CPC and hence a regular first appeal under Section 96 CPC was filed before the first appellate court (which has been decided by the impugned judgment dated 15.5.2017) and also this RSA under Section 100 CPC. (2017-4) Punjab Law Reporter (delhi)


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