Civil Procedure Code, 1908, Order 22, Rule 12 -- Execution of decree - Mesne profits - Deposit of decretal amount - Appellant being insurance Company which is a government company registered u/s 617 of Companies Act and there is no chance of decretal amount of not being realised in the event of appellant losing RFA - Appellant has not preferred to challenge either rate or..........
Civil Procedure Code, 1908, Section 47 -- Execution - Application u/s 47 CPC - Scope - Finality of decree put in execution cannot be mutilated in performance of judicial function of deciding an application u/s 47 CPC - Executing Court would be concerned only with questions relatable to due execution, discharge and satisfaction of decree - However, that does not include the..........
Agreement to sell -- Breach of agreement - Remedy - Where there is breach of agreement before stipulated date for execution and registration of sale deed, vendor entitled to invoke jurisdiction of civil Court by seeking injunction - However, after expiry of stipulated date or breach vendor can seek specific performance...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objection petition - Executing court is competent to decide all the questions including question of title in execution proceedings itself and not by way of separate suit in view of provisions contained in S.47 read with O.21.R.101 CPC...........
Will -- Suspicious circumstance - Contention that Will in question is influenced by applicant, is untenable as applicant was not living with testatrix nor she got the Will prepared and was even not present at the time of making of Will - It cannot be said that applicant played prominent role in the execution of Will merely because she was unable to withstand some part of..........
Will -- Suspicious circumstances - Will in question was duly executed and proved by attesting witnesses - Testatrix was in sound disposing state of mind at the time of execution of Will - Contention that testatrix was confined to bed at the time of execution of Will is rejected as she herself had gone to her lawyer's place where Will was attested and then got it registered..........
Civil Procedure Code, 1908, Order 21, Rule 95 -- Delivery of possession - Application for delivery of possession must be filed within a period of one year after the confirmation of sale - Subsequent application filed for execution was to revive previous application still pending - Subsequent application is in continuation of prior proceedings, hence not barred by..........
Will -- Proof - Execution and registration of Will proved in accordance with law - After death of testatrix, property mutated in the name of beneficiaries of Will - There is no challenge to the Will by way of counter claim, though it has been specifically challenged in written statement - Defendants failed to substantiate that registered Will was suffering from suspicious..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Failure to appear in person or through counsel in response to notice issued U.O.21.R.37 CPC - J.D. cannot be set ex parte - Court can set a party ex parte only if it can proceed further in his absence...........
Civil Procedure Code, 1908, Order 21, Rule 40(2) -- Execution - Arrest and detention - Detention U.O.21.R.40(2) CPC, is not for no, payment of debt but only to ensure the presence of JD during enquiry...........
