Showing : 11-20 of 475 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Stay of execution - Decree for specific performance - Suit filed within ten days of the date mentioned in the agreement - Averments of readiness and willingness in plaint - Stay application rejected...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101-- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD No.3 - Execution - Ex parte decree - JD alleges that decree could not be passed without implementation of O.32.Rr.3, 3-A CPC, as he was minor at the time of passing of decree - However, contents of application nowhere contends that by virtue of decree interests of minor was..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of permanent injunction - Decree attained finality - Decree for permanent injunction can be executed where D.H. is dispossessed and Executing Court is within its jurisdiction to direct recovery of possession...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17-- Amendment of execution petition - Suit for eviction, arrears of house rent and damages decreed - Appellate Court confirmed decree of eviction but modified arrears of rent - DHs thereafter filed amendment application to incorporate mathematical calculation of arrears of rent - If decree passed by..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 26, 29-- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Decree for pre-emption - Where plaintiff who acquires title from a preemptor by virtue of a registered document being transferee, is not prevented from filing a suit for vindication of grievance, instead of invoking provisions of S.47 CPC...........

Showing : 11-20 of 475 Results