Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Objection raised by occupant of immovable property - Executing Court required to conduct full-fledged inquiry into issues raised by objector, which includes leading evidence by party...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Disputed questions of fact which could be raised before trial Court cannot be allowed to be raised in an execution application, as executing Court cannot go beyond decree passed by trial Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objections by subsequent purchaser - Subsequent purchaser may not be entitled to raise a plea challenging correctness of agreement of sale of which specific performance has been sought as petitioner being subsequent purchaser after passing of decree possibly cannot raise any such plea -..........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Compromise decree - Decree relating to suit property described in plaint - Decree does not require registration...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud or collusion - Decree passed on basis of which mutation was sanctioned - Original owner of suit property never objected decree or mutation in favour of defendants in his lifetime and admitting claim of defendants in said suit in which compromise decree was passed - He of his own..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Once no decree is passed on basis of earlier compromise, there is no bar from entering into a fresh compromise which may be in variation or completely different to earlier compromise...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Cruelty - Wife making unnecessary allegations, commenting upon character of her husband and his sister in public at large causing mental cruelty - Witnesses of wife also not found to be believable as they have not seen incidence of torture on wife by husband - Also wife has earlier filed case..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - S.44-A CPC only enables District Court to execute decree as if decree passed by Indian Courts - Filing of an application u/s 44-A CPC therefore, will not create a fresh period for enforcing decree - S.44-A CPC has nothing to do with limitation...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period for executing a decree passed by a foreign Court (from reciprocating country) in India will be limitation prescribed in reciprocating foreign country - However, this will be subject to decree being executable in terms of S.13 CPC...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period - Period of limitation would start running from date decree was passed in foreign Court of a reciprocating country - However, if DH first takes steps-i, aid to execute decree in cause country and decree is not fully satisfied, then he can file a petition for execution in India..........
