Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not..........
Civil Procedure Code, 1908, Order 21, Rule 32(5), 97, 99 -- Execution of decree of injunction - Powers of Executing Court - Decree of injunction sought to be executed and in the process, a person is threatened with dispossession or is dispossessed - Such person has right to complain as per rules contained from R.97 onwards - More so, he cannot be shown exit door on ground..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - setting aside - Non fulfillment of terms and conditions of compromise - Entire foundation for challenging the compromise as non est is based on subsequent events that occurred after passing of compromise decree and not on the ground that compromise being vitiated on account of any fraud or..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2) -- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
Civil Procedure Code, 1908, Order 21, Rule 21, 30 -- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition alternatively by proceeding..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment and decree and also plaint...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Application for setting aside ex-parte decree - Condonation of delay - Sufficient cause - Defendants came to know about ex-parte decree passed against them, when execution proceedings were initiated - They immediately directed their counsel to proceed further - However, counsel failed to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 64 -- Execution - Executing Court is empowered to decide all questions including title...........
Civil Procedure Code, 1908, Section 2(2), 36, 141 -- Writ petition - Final judgment in writ petition not a decree or order - Not capable of execution - Such judgment can be enforced by invoking contempt jurisdiction of High Court - S.141 CPC is clear that CPC does not apply to writ petitions under Article 226 of the Constitution of India...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court - Moreover, execution of document in..........
