Suits Valuation Act, 1887 -- Auction sale - Execution for delivery of possession dismissed in default - Thereafter suit for declaration of title and possession filed - Held, suit is not barred u/s 47 CPC even after dismissal of application for possession in default or on ground of limitation - Auction purchaser can filed suit for declaration and possession within twelve..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution and signatures on agreement to sell denied by defendant - It was therefore, for the plaintiff to give evidence in affirmative - Right to lead evidence in rebuttal arises only if defendant had led any evidence in affirmative on the issue - Evidence in rebuttal cannot be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff - Prior to execution of sale deed..........
Civil Procedure Code, 1908, Section 151 -- Stay of execution proceedings during pendency of application U.O.9.R.13 CPC - Suit for possession by way of specific performance - Executing Court already ordered and got executed sale deed in favour of DH - It was thus too late in the day for JD to move the application u/s 151 CPC for staying the execution proceedings -..........
Civil Procedure Code, 1908, Section 50 -- Execution - Decree of permanent injunction - When J.D. dies before decree is satisfied, it can be executed against his legal representatives...........
Civil Procedure Code, 1908, Order 20, Rule 11(2) -- Execution - Money decree - Executing Court has no jurisdiction to grant payment of decretal amount by installment without consent of decree holder...........
Civil Procedure Code, 1908, Order 21, Rule 58.S -- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without there being any enquiry as..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7, East Punjab Urban Rent Restriction Act, 1949, Section 16, 17 -- Admissibility of document - Petitioner has raised objections to proof and admissibility of documents - Rent Controller should have proceeded to pass appropriate order on objections raised by counsel for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 96 -- Eviction petition - Warrant of possession issued for execution of order - It is not disputed that first instalment was deposited which is 3 days after execution application is filed - Even, in order to avoid ejectment and to comply with terms of compromise, tenant..........
Civil Procedure Code, 1908, Section 9, 47, 11 -- Second suit to execute decree in a former suit - Execution of decree in the former suit became time barred - Second suit does not lie to enforce a decree passed in an earlier suit where execution of decree passed in earlier suit became time barred - However, in case a subsisting right continues to vest in the plaintiff to..........
