Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - In absence of independent right to continue in possession, but on the basis of pendente lite transfer made by JD, appeals/objections to execution of decree cannot be entertained under provisions of O.21.Rr.97, 98, 101 CPC...........
Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed had to be filed within 3 years of execution of document - Contention of plaintiffs that they came to know regarding sale deed dated 25.10.1985 on 17.9.2015 not tenable as sale deed was executed by co-tenants who were brother and relatives of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Arbitral award - Objection - Challenging appointment of an arbitrator for first time during execution proceedings is generally not permissible - Arbitration and conciliation Act provides specific timelines and procedures for challenging an arbitrator's appointment - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition for filing the same before appropriate forum - Absence of express liberty in the order cannot affect the period of limitation while decree holder specifically made a prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Application U.O.21.R.97 CPC is not maintainable at the instance of tenant who contested the proceedings as Judgment debtor...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Court issued proclamation straight away without recording any reasons to indicate that petitioner has absconded or is concealing himself from process of law - Conspicuously, no summons or bailable warrants were issued prior to issuance of proclamation - Presence of accused first ought to have been secured by..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Demarcation of property - Property was easily identifiable - There was no dispute regarding identity of property - Dismissal of application calls for no interference...........
Agreement to sell -- Specific performance - Clause in agreement that in case vendor fails to execute sale deed, vendee would be entitled to recover double the earnest money - Merely because of existence of this default clause, plaintiff cannot be denied relief of specific performance when execution of agreement and plaintiff's readiness and willingness to perform his part..........
Agreement to sell -- Specific performance - Ready and willing - Execution of agreement has been proved - Total sale consideration agreed between parties was Rs.75,000 out of which defendant had already received Rs.50,000 as earnest money - Plaintiff was always ready and willing and continues to be ready and willing to perform her part of contract - Plea of hardship taken..........
