Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - When resistance or obstruction is offered by a transferee pendente lite, it is explicit from reading O.21.Rr.98, 99, 101, 102 CPC, that scope of adjudication ought to be confined only to question whether person who resist or who was dispossessed was a transferee during..........
Pre-emption suit -- Right of a pre-emption is required to be settled at earliest either on preemptor`s proving his qualification to pre-empt on date of sale, on date of filing of suit, and on date of decree of Court of first instance or vendee improving his status till adjudication of suit for pre-emption and after adjudication of suit any loss of qualification by..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Decree on the basis of report of Commissioner - In the instant case Commissioner did not go through the plaint and written statement - Commissioner could not understand the purpose for which he was deputed for local inspection - `A' and `B' schedule properties cannot be identified from the sketch..........
Civil Procedure Code, 1908, Section 151 -- Ex parte decree - An aggrieved party has right to get ex parte judgment and decree set aside u/s 151 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Conditions to be satisfied to record compromise : (1) There should be a lawful agreement or compromise; (2) Compromise has to be in writing and signed by the parties; (3) Compromise must be recorded by Court; (4) A decree on such compromise can be passed so far it relates to the parties to the suit but may extend..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Court is not obliged to pass a decree as soon as compromise is recorded - It is duty of Court to satisfy itself the legality of agreement, compromise or settlement in question...........
