The references are to the Nos, given to the cases in the “Record."

APOSTACY.

See Hindu Law - Marriage.

APPEAL.

No.

1. Arbitration-Award-Setting aside award on ground of misconduct
-Decree on merits -Competency of appellate Court to question on appeal
the legality of the order setting aside award-Civil Procedure Code, 1882,

2. Jurisdiction of Chief Court to hear Civil appeals transferred by
Judicial Commissioner of North-West Frontier Province.

99

3. Decree in favour of plaintiff for a part of his claim-Execution of
such decree by plaintiff-Subsequent appeal for remainder.

4. Suit for possession of ghair-mumkin land attached to a well-Land
suit-Appeal-Punjab Tenancy Act, 1877, Section 4 (1).-Held, that a
suit for possession of ghair-mumkin land outside the abadi and attached
to a well upou which khurlis are built and bhusa is stacked is a
land snit defined in Section 4, Sub-section (1) of the Punjab Tenancy
Act, 1887, and that therefore the course of appeal is to the Divisional
Court and not to the District Court

...

103

...

...

...

5. Pre emption-Decree in favour of pre-emptor-Payment of purchase-
money into Court-Withdrawal of such money by vendee-Effect of such
withdrawal-Right of vendee to maintain apneal on substantive right.-
Held, that in a pre-emption suit a vendee does not forfeit his legal right
to appeal from a decree passed against him or to proceed with his
appeal on substantive right merely because he has withdrawn the
purchase-money paid in Court by the pre-emptor for his benefit

6. Civil Procedure Code, 1882, Sections 312, 313, 588 (16)—Confirm-
ation of sale in execution of decree-Application to set aside sale
dismissed in default-Fresh application for same relief dismissed on
merits-Such orders of dismissal not appealable.-Held, that, where an
auction sale under a decree has been confirmed under Section 312,
Civil Procedure Code, in the absence of objection under Section 311,
and an application to set aside the sale has been thereafter put in
and dismissed for default, and further application asking (a) that
the dismissed application be restored to the file, or (b) that the
application be treated as a fresh application, or (c) as a petition for
review of the order dismissing the first application has been also
dismissed, no appeal against either of the orders of dismissal,
neither of which comes under Section 588 (16), Civil Procedure Code,
or is an order under Section 312

...

12

16

25

The references are to the Nos. given to the cases in the "Record."

No.

APPEAL-(contd.).

7. Valuation of suit-Suit to declare an alienation of land to_be_not
binding after alienor's death-Value for purposes of further appeal-Pun-
jab Courts Act, 1884, Section 40 (b)-Held, that for purposes of
Section 40 (b) of the Punjab Courts Act, 1884, the value of a suit for
a declaration that a mortgage by a widow of agricultural land would
not be binding after the alienor's death, is the value of the land
calculated at thirty times the revenue and not the amount of the
encumbrance in dispute.

Bakhu v. Jhanda (145 P. R., 1892) followed

...

8. Valuation of suit-Suit to declare an alienation of land to be not
binding after alienor's death-Value for purpose of further appeal-
Punjab Courts Act, 1884, Section 40 (b).-Held, by the Fall Bench
that for the purposes of Section 40 (b) of the Punjab Courts Act, 1884,
the value of a suit for a declaration that a sale by a male proprietor
of ancestral agricultural land would not be binding after the alienor's
death, is the value of the land calculated at thirty times the revenue,
and not the amount of the consideration of the sale in dispute

9. Court-fee on appeal from an order rejecting an application to file an
award in Court - Court-Fees Act, 1870, Schedule I, Articles 1, 17.-Held,
that the Court-fee payable upon the Memorandum of appeal against
an order rejecting an application under Section 525 to file an award
is Rs. 10 under the sixth clause of Article 17 and not an ad valorem
fee in accordance with Article 1 of the Court-fees Act, 1870
10. Arbitration - Award-Order refusing to file private award-
Appealability of the order-Civil Procedure Code, 1882, Section 526.-
Held, that an appeal lies from an order under Section 526 of the
Code of Civil Procedure, refusing to file an award made between the
parties without the intervention of a Court

...

11. Appeal from an order returning plaint for amendment - Reman l
by Appellate Court-No appeal from such order of remand-Civil Proce-
dure Code, 1882, Sections 562, 588.-Held, that there is no further
appeal from an order of remand passed under Section 562 of the Code
of Civil Procedure when such order is made by an Appellate Court
on an appeal under Section 588 of the Code

...

12. Appeal from an order dismissing suit for non-appearance of plain-
tiff-Held, by the Full Bench (Reid, C. J., and Chatterji, J., dissenting)
that an order dismissing a suit for default of prosecution under Section
102 of the Code of Civil Procedure is not a decree as defined in
Section 2 and is not appealable.

Per Reid, C. J., and Chatterji J., contra, that an order passed under
Section 102 is a decree within the meaning of Section 2, and as such
is appealable

...

...

...

...

13. Arbitration-Agreement to refer to arbitration-Application to file
such agreement-Order allowing agreement to be filed-Right of appeal
from such order-Civil Procedure Code, 1882, Section 523.-Held, that
when a Court acting under Section 523, Civil Procedure Code, causes an

The references are to the Nos, given to the cases in the "Record."

No.

APPEAL-(concld).

agreement to refer to arbitration to be filed and passes an order of
reference thereon, an appeal lies from such order which is a
"decree
within the meaning of that expression as defined in the Code

126

14. Appeal from exercise of discretion-Grounds of interference-Held
that a Court of appeal ought not to interfere with the exercise of the
discretion of an original Court unless there is some substantial
grievance

129

...

15. Execution of decree-Order rejecting application for stay of execu
tion--Appeal - Civil Procedure Code, 1882, Section 545.-Held, that an
order under Section 545 of the Code of Civil Procedure refusing to
stay execution of a decree is not appealable

APPEAL TO PRIVY COUNCIL.

...

...

Appeal to Privy Council-Appeal from an order of remand-Final
decree-Civil Procedure Code, 1882, Section 595.-Held, that an order
under Section 562 of the Code of Civil Procedure remanding a case to
be tried on merits is not a final decree within the meaning of clause
(a) of Section 595 and therefore no appeal lies from such an crder to
the Privy Council

Objection to validity of notice of foreclosure taken for first time on

146

52

1. Order refusing to file private award-Appealability of the order—
Civil Procedure Code, 1882, Section 526.

2. Civil Procedure Code, 1882, Section 523-Order allowing agreement
to refer to arbitration to be filed-Right of appeal from such order.

3. Award-Decree on judgment in accordance with an award-Refer-
ence by guardian ad litem of a minor without leave of Court-Admissibili-
ty of objection denying validity of reference on revision,

4. Arbitration-Award-Receiving evidence from one side in absence of
other-Misconduct Award set aside - Decree on merits-Appeal-Compe-
tency of Appellate Court to question the leality of the order setting aside
award-Civil Procedure Code, 1882, Section 521.-Where arbitrators
held meetings and took the evidence produced by one party in the
absence of the other party which was wholly unavoidable and did not
give the latter sufficient opportunity to produce his own evidence :
held, that they were guilty of judicial misconduct within the meaning
of Section 521 of the Civil Procedure Code, and that their award was
not valid and was rightly set aside by the Court,

The references are to the Nos. given to the cases in the "Record."

No.

ARBITRATION-(concld.).

Query-Whether in a case in which there has been an order of
reference to arbitration under Section 508, Civil Procedure Code, and
an award has been delivered by the arbitrators but has been set aside
by the Court under Section 521, and a decree is passed on the merits,
it is open to an Appellate Court on an appeal against that decree to
consider the question of the legality of the order setting aside the
award ?

...

...

66

5. Arbitration-Application to file a private award-Award effecting
portion of immoveable property-Registration Act, 1877, Section 17, clause
(b) (i) - Court not competent to remit private award when defective and
indefinite-Civil Procedure Code, 1882, Section 520, 525, 526—Court-
fee-Court-fee on appeal from an order rejecting an application to file an
award in Court-Court-Fees Act, 1870, Schedule I, Articles 1, 17.-
Held, that the Court-fee payable upon the memorandum of appeal
against an order rejecting an application under Section 525 to file an
award is Rs. 10 under the sixth clause of Article 17 and not an ad
valorem fee in accordance with Article 1 of the Court-Fee Act, 1870.

Held, also, that when an award made without the intervention of
the Court is on the face of it defective, determines matters not referred
to arbitration, and is so indefinite as to be incapable of execution, the
Court has no power under Sections 525 and 526 to amend it or to remit
it for reconsideration but must refuse to file and enforce it.

:

Semble for the purposes of Section 525 of the Code of Civil Proce-
dure an award of arbitrators privately appointed by the parties even
if it effects partition of joint immoveable property of over Rs. 100 in
value and is signed by the parties to signify their acceptance of the
same does not require registration and can be filed and made a rule of
Court

...

...

6. Arbitration-Award-Delivery of, within the period allowed by the
Court-Civil Procedure Code, 1882, Sections 508, 521.- Held, that an
award made and signed within the period fixed by the Court even when
filed in Court after the expiry of that period is valid under Sections
508 and 521 of the Code of Civil Procedure.

The expression "delivery" in Section 508 means "making" and
not "filing in Court"

ASSIGNMENT.

Assignment-Conditional assignment by way of security-Right of assignee
to sue in his own name.-` -Where the payee of a promissory note not
negotiable assigned it to the plaintiff as a security for a debt owing
from him to the latter until its repayment in full, held that it being
merely a conditional assignment the plaintiff was not entitled to
maintain an action in his own name alone against the maker of the
promissory note for the recovery of amount due thereunder.

Burham Brothers v. Robertson (L, R., 1. Q. B. (1898), 765) followed

9

The references are to the Nos. given to the cases in the "Record."

No.

ASSIGNMENT OF CHOSE IN ACTION.

Alienation of reversionary rights--Power of a reversioner out of posses-
sion to assign his interest after devolution of inheritance-Right of assignee
to sue for possession.-Held, that a reversioner out of possession of a
childless male proprietor can transfer his interests to a stranger after
devolution of inheritance and the assignee is entitled to recover
possession of the property and contest the validity of the title of the
person in possession subject to the same rules which could have
been enforced by the assignor.

Jhoki Ram v. Malik Kadir Bakhsh (12 P. R., 1894), Achal Ram v.
Kazim Husain Khan (1. L. R., XXVII All., 271, P. C.), Tota v. Abdulla
Khan (66 P. R., 1897), and Mouladad v. Ram Gopal (22 P. R., 1900),
referred to

ATTACHMENT.

...

1. Liability of assignment of Land Revenue to attachment in
execution of decree.

See Punjab Descent of Jagirs Act, 1900, Section 8 (3)

...

117

2. Jurisdiction of Small Cause Court to award compensation under
Section 491, Civil Procedure Code, for an erroneous attachment of immove-
able property before judgment.

3. Attachment-Fodder, liability of, to attachment in execution of decree
-Civil Procedure Code, 1882, Section 266 (n)-Punjab Land hevenue
Act, 1877, Section 70.-Held, that fodder required for the owner's
cattle is exempt under clause (n) of Section 266 of the Civil Procedure
Code, read with Section 70 of the Punjab Land Revenue Act, 1887, from
attachment in execution of a decree against an agriculturist.

A Civil Court can only attach so much as will leave in the opinion
of the Collector of the District a sufficiency for the owner's cattle.
Wasil v. Muhammad Din (93 P. R., 1904) superseded

BACK FEE.

B

...

82

Payment to be made contingent on succes-Illegal and improper
contract-Public policy.

1. Even in a locality where the right of pre-emption by reason of
vicinage is admitted or is found to prevail, the burden of proof that
an owner of a house opposite to the house sold but separated from it
by a road or lane has a right to claim pre-emption against a vendee
who may be a mere stranger lies on the party asserting the existence
of such a custom

...

...