Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Execution - Auction sale - Setting aside - Distress sale cannot be considered as fraudulent, much less to attribute anything of fraud and collusion between DH and auction purchaser in the absence of showing anything by JD...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witnesses - Not named in list of witnesses - Suit for cancellation of power of attorney and consequential sale deed - Original plaintiff executant of document expired - Two persons stamp vendor and Advocate Notary Public, who sold stamp in question and notarized document, thus become very relevant for purpose..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Petitioner at no point of time challenged ex parte decree passed against him in regular appeal, despite receiving information regarding on going proceedings - Rather, in execution proceedings, petitioner has chosen to file his objection, which was turned down - Objection rightly..........
Civil Procedure Code, 1908, Section 47 -- Execution - A decree is null and void if it is passed by a Court lacking jurisdiction to pass the decree - A decree cannot be said to be a nullity on the ground that it is passed erroneously or that there is error while passing the decree...........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree - Property of JD situated outside jurisdiction of Court which passed decree - Execution petition transferred to competent Court situated in U.P for further proceedings - Court deems it appropriate to issue a transfer certificate in favour of DH transferring the present petition to competent Court..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Decree passed by trial Court reversed by Appellate Court - Operation of judgment passed by Appellate Court stayed - Decree of trial Court stood revived and execution in respect of said decree is maintainable...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot be declared so in the suit of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 23(2) -- Execution - Issue raised in application u/s 47 CPC - Cannot be raised again U.O.21.R.23 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 11, 22, Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Article 135, 136 -- Second execution petition - Execution allowed to be withdrawn and proceedings allowed to be kept intact for filing fresh execution petition - O.23.R.2 CPC and Article 135/136 Limitation Act not applicable to fresh execution petition...........
