Civil Procedure Code, 1908, Order 21, Rule 11(3), Civil Procedure Code, 1908, Order 20, Rule 6A(2) -- Execution - Consent decree - Non-filing of certified copy of decree along with execution application for the reason that same was not passed by Court - Execution application is still maintainable, as so long formal decree was not passed order recording compromise was to be..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Frivolous objections to avoid execution of decree - Imposition of cost of Rs.5 lakh for filing applications raising therein frivolous objections to avoid execution of decree is excessive - It is thus, just and proper to impose a compensatory cost of Rs.50,000/-...........
Will -- Suspicious circumstance - Mere participation of beneficiary or his relation in execution of Will - Not a suspicious circumstance as beneficiary not put any suggestion about any undue pressure, influence having been put by him on the testator for executing the Will - Testator was neither incapacitated nor infirmed either in body or in mind because of which, he could..........
Will -- Suspicious circumstance - Beneficiary stated that he is not related to attesting witness whereas attesting witness stated that beneficiary is his near relation - This by itself does not make execution of Will suspicious...........
Will -- Suspicious circumstance - Contradiction in the statement of a witness regarding the mode of arrival of testator and beneficiary in Tehsil office - Statement recorded after 14 years after execution of Will - Held, minor discrepancies can occur, which are not of the nature to discredit the valid execution of Will and to put it under cloud of suspicious circumstances...........
Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
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 subject matter..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Pendency of appeal - Stay be obtained from the Appellate Court - Executing Court cannot grant stay of execution proceedings when no stay is granted by Appellate Court or there is refusal to grant stay...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of change of neighbours or occupation of particular house by some other person, whose description is given in the property, actual physical existence of property cannot be denied...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of some variance in measurement of total area, it cannot be assumed that DH has no right for execution of a decree and others can raise objection to take benefit of it...........
