O.5, R.20--Civil Procedure Code, 1908, O.9, R.7--Exparte Proceedings--Setting aside of--Substituted Service--Where the Court resorts to effect service upon defendant by way of publication, it has to specify the newspaper which shall be a daily newspaper circulating in the locality in which the said defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain--Petitioners resides at Amritsar--Publication carried out in newspaper by name ‘Chardi Kalan, Bhiwani’--Newspaper by aforesaid name in all probability a local newspaper would not be having any circulation in area outside District Bhiwani--Exparte proceeding set aside--Petitioners permitted to join proceedings in suit subject to condition that they appear and file written statement on same very day.; M/S S.N.Hotels & Resorts (P) Ltd. & Anr. v. Shri Sanjeev Kumar & Ors., ; 2010(1) Law Herald (P&H) 726
O.7, R.11(C)--Civil Procedure Code, 1908, S.149--Court Fees Act, 1870--Deficit Court Fee--Plaintiff paid deficit court fee within time granted in first instance by Trial Court as required by Order 7, Rule 11(c)--Plaint could not be rejected on ground of deficit Court fee.; Bikkar Singh v. Jeet Singh, ; 2010(1) Law Herald (P&H) 748
O.9, R.7--Civil Procedure Code, 1908, O.5, R.20--Exparte Proceedings--Setting aside of--Substituted Service--Where the Court resorts to effect service upon defendant by way of publication, it has to specify the newspaper which shall be a daily newspaper circulating in the locality in which the said defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain--Petitioners resides at Amritsar--Publication carried out in newspaper by name ‘Chardi Kalan, Bhiwani’--Newspaper by aforesaid name in all probability a local newspaper would not be having any circulation in area outside District Bhiwani--Exparte proceeding set aside--Petitioners permitted to join proceedings in suit subject to condition that they appear and file written statement on same very day.; M/S S.N.Hotels & Resorts (P) Ltd. & Anr. v. Shri Sanjeev Kumar & Ors., ; 2010(1) Law Herald (P&H) 726
O.39, R.1 & 2--Temporary Injunction--Possession--There is sufficient material in form of revenue entries consistently for 20 years before filing of suit depicting possession of plaintiff and performa defendant no.2 over suit land--Mere filing of application for correction of Khasra girdawari would not depict that defendant/petitioner is prima facie in possession of suit land--Moreover, application for correction of khasra girdawari was moved 17 years after entries made in Jamabandi--Application for temporary injunction rightly allowed.; Jag Ram v. Manphool & Anr., ; 2010(1) Law Herald (P&H) 721
O.41, R.27--Motor Vehicles Act, 1988, S.173--Accident--Compensation--Liability of Insurance Company--Additional Evidence--Valid driving licence--Driving Licence allowed to taken on record by way of additional evidence--Insurance Company got licence verified from Licencing Authority--Driver of offending vehicle had valid driving licence at time of accident--Impugned part of award granting recovery rights to insurance company set aside.; Dinesh Kumar & Anr. v. Smt. Roshni Devi & Ors., ; 2010(1) Law Herald (P&H) 750
S.100(3), O.41, Rule 2 & 3--Punjab and Haryana High Court Rules and Order, Volume I, Chapter I, Part B--Memorandum of Appeal--Rejection of--Amendment after admission of appeal--Memo of appeal not containing substantial question of law as required under Section 100(3) of C.P.C.--Rule 10 of Punjab and Haryana High Court Rules and Orders provides that application under Rule 2, Order 41 CPC, ought to have been moved prior to date fixed for hearing appeal--No such application filed under Order 41, Rule 2 despite the fact that appeal is pending since 1982 and Supreme Court judgment in Kulwant Kaur’s case came in 2001--Adjournment of appeal enabling appellant to move amendment application declined--Memo of appeal rejected under Rule 3 Order 41 C.P.C.; Rajinder Singh & Ors. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) 722
S.149--Civil Procedure Code, 1908, O.7, R.11(C)--Court Fees Act, 1870--Deficit Court Fee--Plaintiff paid deficit court fee within time granted in first instance by Trial Court as required by Order 7, Rule 11(c)--Plaint could not be rejected on ground of deficit Court fee.; Bikkar Singh v. Jeet Singh, ; 2010(1) Law Herald (P&H) 748
