Showing : 1-10 of 16 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection by JD - Identity of property was questioned by JD - However, in execution petition question of identity of property could not be raised - After passing decree in favour of DHs, it is for them to look out the question of identity of property - Petitioner who is JD, cannot..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908-- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may take assistance from previous documents of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Execution of joint decree - Once there is a decree against all judgment debtors passed jointly, decree holder can choose against whom he is to proceed for the safe, early and effective recovery of fruits of the decree...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Succession Act, 1925, Section 213-- Impleading L.R's - Death of defendant - Substitution of legatee of Will - Suit for injunction - Right of a legatee to pursue legal proceedings on the basis of u, probated Will cannot be curtailed as S.213 of Succession Act bars passing of decree of final order in a case which involves claim by..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Partition suit - Plaintiff and defendant are party of equal status - Plaintiff has no absolute right to withdraw suit even though suit has not reached stage of decision - Appeal is continuation of suit and so withdrawal of appeal is also not an absolute right of plaintiff -..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - A transferee pendente lite is bound by decree just as much as he was a party to suit - However, mere pendency of suit does not prevent one of the parties from dealing with property constituting subject matter of suit - Law simply postulates a condition that alienation will, in no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 35, 47-- Frivolous litigations - Exemplary costs - Execution proceedings - Objections - Petitions/JDs who are in possession of suit property are grossly abusing process of Court to perpetuate their possession and thereby depriving plaintiffs to get fruits of decree secured by them almost 30 years ago and..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Consent decree -- Fraud - Judgment and decree obtained by playing fraud - Appellant, rustic and illiterate woman, taken to Court by a relation on plea of creation of lease deed - In hurried manner, plaint presented, written statement drafted and filed, statement recorded and decree obtained within 3 days only on..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 10-- Execution - Passport of J.D. cannot be impounded in an execution proceeding on the apprehension raised by D.H. that J.D. is likely to leave the country and thus the decree holder would be deprived of realising the fruits of the decree...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 152-- Description of property - Some error in plaint - Petitioner on account of the same facing difficulty in getting the same mutated in his name and deprived of enjoying the fruits of the decree passed in his favour - Parties contested the suit knowing fully well the subject matter thereof and also..........

Showing : 1-10 of 16 Results