Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Applicant not approaching Court immediately after execution of sale deed and approached Court only after evidence of defendant was closed - Order dismissing application - No interference...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........
Agreement to sell -- Specific performance - Ready and willing - Sixty percent sale consideration paid within one year of execution of agreement to sell - Plaintiff repeatedly informing defendant that he is ready to make the balance sale consideration - This fact not disputed - Held, plaintiff was ready and willing to perform his part of the agreement...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert cannot be examined in rebuttal evidence to prove the due execution of the agreement which plaintiff is required to prove only while leading evidence in affirmative - If plaintiff failed to lead evidence by way of examining a handwriting and finger print expert in affirmative to prove the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3(1) -- After passing of eviction decree by civil court Rent Act became applicable - Rent Act became applicable when execution process of Civil Court decree had not come to full realization - Decree Holder was trying execution of Civil Court decree after notification had been made to the area to come within..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Execution petition for recovery of arrears is maintainable in law...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 37 -- Maintenance pendente lite - Execution petition - Arrest and detention - Procedure prescribed is to be followed - Scope of enquiry is as to the means, possessed by J.D. and his disinclination to pay the decretal amount - Order of detention set aside as prescribed procedure not followed...........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15 -- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Civil Procedure Code, 1908, Section 34 -- Suit for specific performance - Alternative relief of payment of earnest money granted - Interest payable at the rate of 12% from the date of execution of agreement till the date of passing of the decree - Future interest i.e. from date of passing of decree to date of realization will be 6% which will be payable on the principal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Joint property - Partition of property - A tenant cannot be evicted/dispossessed in execution of a partition decree passed between the joint owners - Tenant can be evicted only in accordance with the provisions of Rent Act...........
