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..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Scope - O.21.R.106 CPC provides remedy in case applications U.O.21.Rr.97, 99 CPC were dismissed in default and Court ordered for execution of decree U.O.21.R.23 CPC - It does not provide remedy for recalling the order dismissing execution application of DH in default - Appropriate remedy is to file an application u/s 151..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Decree not transferred or assigned - Petitioner does not fall in the definition of decree holder, as such, cannot seek execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Where the interest of Decree holder in the decree is transferred by assignment in writing or by operation of law, transferee may apply for execution of decree to the Court which it passed...........
