Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Order deciding objections filed u/s 47 CPC is not appealable - Remedy lies in filing revision...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Term `error or mistake apparent on face of record' signifies error which is evident per se from records of case and does not require any detailed examination, scrutiny and illustration either of facts or legal position...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Merely because order or decision is erroneous cannot be reviewed on ground that different view can be taken on point of fact or law, as Court will not sit in appeal over its judgment...........
Registration Act, 1908, Section 17, 47 -- Registered sale deed - Operates from the date of its execution and not from the date of its registration...........
Stamp Act, 1899, Section 47 -- Sale deed - Additional stamp duty on the constructed portion - Both sale deed and rectification deed contains description of vacant land only having no construction - Inspection report submitted by Tehsildar on direction of Collector also reported the vacant land only and non present of any constructed portion - Inspite of that Collector..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Section 47 -- Arrears of rent - Decree holder did not claim any relief that he is entitled for rent from date of institution of suit till adjudication of suit or delivery of possession - Cannot be granted by Executing Court...........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Sought on factual aspects of the matter and merits of the case - No `mistake or error' apparent on the fact of record - Review petition is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection once raised at trial and decided by trial Court, it is not open to parties to raise it again at the stage of execution...........
