Partition--Decree against dead person--Validity of--Defendant, predecessor-in-interest of appellant expired during pendency of suit--It was duty of legal representatives of deceased to come on record of their own and contest the suit--Counsel of defendant continued to represent-defendant and impugned decree passed in his presence--Moreover no prejudice is shown to have caused to appellant--No illegality in impugned decree.; Angrej Singh & Ors. v. Jhandu alias Jhandi alias Miadi & Ors.; 2010(1) Law Herald (P&H) 646
S.11--Civil Procedure Code, 1908, O.2, R.2--Res-judicata--Second Suit--Previous suit instituted by plaintiff for permanent injunction only and it during pending of said suit or after dismissal thereof defendant has taken possession of suit plot--Instant suit for possession would not be barred by Resjudicata.; Dharambir & Ors. v. Chet Ram ; 2010(1) Law Herald (P&H) 716
S.100--Second Appeal--Substantial question of law--Any substantial question of law based upon argument which was not raised before Courts below cannot be raised in regular second appeal.; Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. v. Amarjit Singh Chadha ; 2010(1) Law Herald (P&H) 641
S.148--Civil Procedure Code, 1908, O.21, R.34(2)--Specific Relief Act, 1963, S. 28--Extension of time for deposit of balance sale amount--Suit filed by DH was decreed by the trial court on 21.4.1987--DH was required to deposit the balance amount within two months thereof--DH accordingly deposited the same on 18.5.1987--Said amount remained deposited with the executing court for more than a year--Said amount was withdrawn by DH with permission of the court apparently in the year 1989 when execution petition was adjourned sine die in view of interim stay granted by High Court in second appeal--After final decision of the second appeal by High Court vide judgment dated 22.12.1995, both the parties agitated the matter before the Hon’ble Apex Court by filing SLPs--After the SLPs were also dismissed the DH filed application dated 2.4.1997 for revival of the execution petition which had earlier been adjourned sine die--However, DH died on 26.5.1997--His LRs thereafter moved application on 7.8.1997 in the executing court under section 148 CPC for extension of time--Pursuant to order dated 4.9.1997 passed by the executing court, the decree holder deposited the balance amount on 14.10.1997--In this manner the executing court is deemed to have granted extension of time to the decree holder for deposit of the balance sale price--DH made sufficient ground for extension of time.; Rai Singh v. Mohinder Singh LRs.; 2010(1) Law Herald (P&H) 701
O.2, R.2--Civil Procedure Code, 1908, S.11--Second Suit--Res-judicata--Previous suit instituted by plaintiff for permanent injunction only and it during pending of said suit or after dismissal thereof defendant has taken possession of suit plot--Instant suit for possession would not be barred by Resjudicata.; Dharambir & Ors. v. Chet Ram ; 2010(1) Law Herald (P&H) 716
O.21, R.34(2)--Specific Relief Act, 1963, S. 28--Civil Procedure Code, 1908, S.148--Extension of time for deposit of balance sale amount--Suit filed by DH was decreed by the trial court on 21.4.1987--DH was required to deposit the balance amount within two months thereof--DH accordingly deposited the same on 18.5.1987--Said amount remained deposited with the executing court for more than a year--Said amount was withdrawn by DH with permission of the court apparently in the year 1989 when execution petition was adjourned sine die in view of interim stay granted by High Court in second appeal--After final decision of the second appeal by High Court vide judgment dated 22.12.1995, both the parties agitated the matter before the Hon’ble Apex Court by filing SLPs--After the SLPs were also dismissed the DH filed application dated 2.4.1997 for revival of the execution petition which had earlier been adjourned sine die--However, DH died on 26.5.1997--His LRs thereafter moved application on 7.8.1997 in the executing court under section 148 CPC for extension of time--Pursuant to order dated 4.9.1997 passed by the executing court, the decree holder deposited the balance amount on 14.10.1997--In this manner the executing court is deemed to have granted extension of time to the decree holder for deposit of the balance sale price--DH made sufficient ground for extension of time.; Rai Singh v. Mohinder Singh tho. LRs.; 2010(1) Law Herald (P&H) 701
O.41, R.27--Partition--Additional evidence--Writing regarding purchase of 2/5th share of land measuring 11 marlas on 21.11.1968 not relied upon by appellants in their pleadings--Aforesaid writing has no evidentiary value as same being beyond pleadings--Application for leading additional evidence rightly rejected.; Angrej Singh & Ors. v. Jhandu alias Jhandi alias Miadi & Ors.; 2010(1) Law Herald (P&H) 646
