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Results of objections by third party not in suit

Showing : 11-20 of 38 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and permanent injunction - No decree in favour of appellants about which they had filed the suit on ground of adverse possession - If objection had been filed under O.21 R.97 CPC, decision would be appealable - The objections have been raised by third party u/s 47 of CPC which has been dismissed by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second appeal - Plaintiff has already..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Appeal - In the instance of suits in which common issues have been framed and a common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments - However, this is not to whittle down the principle that..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - If executing Court refuses to entertain any claim or objection in view of provisions of O.21.R.58(5) CPC, remedy of such party whose claim or objection is refused by executing Court U.O.21.R.58(1) proviso CPC, would be to file a suit to establish the right which such claimant or objector claims to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 97 -- Objections to preliminary decree - Where a party aggrieved by a preliminary decree in partition suit fails to make an appeal, he is precluded from disputing its correctness in any appeal preferred against final decree...........

MADRAS HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of a party who was proceeded ex parte in the suit and objections not relating to the execution, discharge or satisfaction of decree - Not maintainable...........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 26, Rule 14, Constitution of India, 1950, Article 227 -- Suit for partition - Final decree proceedings in suit - Objections raised by petitioner against report of advocate Commissioner turned down - Petition u/Art. 227 filed challenging order - Held, once a final decree is passed, any party aggrieved can challenge that decree by way of an..........

KERALA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 21, Rule 92(4) -- Execution - Court sale - Third party objections - Third party claiming any right over the property covered by Court sale can have recourse to Rr.97 or 99 and not by way of a separate suit...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Dismissal of counter claim - Counter claim treated as a suit for all purposes - Gives right to aggrieved party to file a separate appeal - Defendant filed cross objections by paying requisite Court fee - Held, in terms of O.41.R.22 CPC defendant can file cross appeal, though numbered as cross objections,..........

Showing : 11-20 of 38 Results