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1 - 10 of 10 (0.21 seconds)Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
Harshad Chiman Lal Modi vs Dlf Universal & Anr on 26 September, 2005
In addition to the above, the learned counsel for the petitioners has placed reliance on few decisions i.e. (i) State of Haryana and another v. Kartar Singh (D) through L.Rs. : 2013 (1) AWC 996 (SC); Harshad Chiman Lal Modi v. DLF Universal Ltd. : 2006 All.
Chandrabhai K.Bhoir & Ors vs Krishna Arjun Bhoir & Ors on 7 November, 2008
C.J. 57; Chandrabhai K. Bhoir & Ors. v. Krishna Arjun Bhoir & Ors. : AIR 2009 SC 1645 on the general proposition that where the judgment and decree is without jurisdiction, the same is a nullity and a challenge to the same can be laid even at the execution stage and the plea of waiver and acquiescence would not apply.
Ram Awalamb And Ors. vs Jata Shankar And Ors. on 18 September, 1968
; (c) Ram Awalamb v. Jata Shankar : 1969 AIR (All) 526 (FB) which lays down the general principles as to when the suit would lie in a Revenue Court or Civil Court.
Section 129 in The Code of Civil Procedure, 1908 [Entire Act]
The Amending Act, 1897
Article 227 in Constitution of India [Constitution]
State Of Haryana & Anr vs Kartar Singh (D) By Lrs on 29 November, 2012
In addition to the above, the learned counsel for the petitioners has placed reliance on few decisions i.e. (i) State of Haryana and another v. Kartar Singh (D) through L.Rs. : 2013 (1) AWC 996 (SC); Harshad Chiman Lal Modi v. DLF Universal Ltd. : 2006 All.
Kharbhan Yadav And 3 Ors. vs Ramagya Yadav And Another on 7 January, 2016
In support of the above submissions, the learned counsel for the petitioners has placed reliance on the following decisions: (a) Chandrika Misir and others : Bhaiya Lal : (1973) 2 SCC 474 wherein it was held that a suit for permanent prohibitory injunction and in alternative for possession would lie before a Revenue Court and not before a Civil Court and objection as regards jurisdiction can be raised at any stage even during execution proceeding; (b) Kharbhan Yadav and another v. Ramagya Yadav : 2016 (130) RD 636 wherein it was held that where the name of the defendants is recorded in the revenue record then seeking cancellation of sale-deed would be an ancillary relief, particularly, when, according to the allegation, the sale-deed is void, therefore, the proper course for the plaintiff is to institute a suit in a Revenue Court for declaration and as such the suit before the Civil Court would be barred by section 331 of the U.P.Z.A. & L.R. Act.
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