Partition -- Joint family property - Property in question is purchased by father of plaintiffs - Though plaintiffs contended that suit property is joint family property, but they failed to substantiate their claim - Execution of Will in favour of defendant not proved - When father died leaving behind a son/defendant and daughters/plaintiffs, all are entitled to succeed to..........
Service -- Execution order which is passed without following rules of natural justice and causes prejudice to employee cannot be sustained...........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 20, 28 -- Execution - Decree for specific performance - One months time granted to execute registered sale deed - Appeal filed against decree - No specific time fixed by court for performance of contract - It has to be reasonably presumed that within three years from the date of non performance, the..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........
Agreement to sell -- Specific performance - Stamp duty - No delivery of possession of suit property either before or after execution of suit agreement for sale was made - Possession is ordered to be delivered by defendants to plaintiff after execution of sale deed, as a part of decree of specific performance - There is thus, no substance in the argument that stamp duty of..........
Civil Procedure Code, 1908, Section 89 -- Mediation - Suit for specific performance - Civil Court by referring matter to Mediator had not sent matter for judicial settlement - S.89(2)(d) CPC thus, would apply - However, it is not the claim of plaintiff that after talks were declared successful by mediator, any further action was taken by plaintiff before civil Court -..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Suit for specific performance - Matter referred to Mediation - Petition u/art 227 of Constitution filed to find out whether order passed by Executing Court dismissing execution petition is in accordance with law or not - Nothing on record to show that after mediation proceedings were declared successful,..........
Civil Procedure Code, 1908, Order 21.Rr, 9 -- Execution of decree - Objections - Each and every objection raised by objector is not to be put to trial merely on asking unless material adduced convinces the Court that objections actually require determination on strength of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
