Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections U.O.21.R.97 CPC - Separate suit seeking same relief also filed - Held, when a suit is already instituted seeking same relief then application U.O.21.R.97 is not maintainable - Two different proceedings cannot be initiated for very same relief...........
Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Order 9, Rule 9 -- Execution - Dismissal in default - Second execution application without setting aside the order of dismissal in default - Held, maintainable if filed within period of limitation as provision of O.9.R.9 CPC is not applicable to execution proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 21 -- Execution - Provision of O.9.R.9 is not applicable to execution proceedings - Provision precludes plaintiff from bringing a fresh suit and not execution as in an execution the rights of parties already stand settled...........
Civil Procedure Code, 1908, Section 11, Order 21 -- Execution - Dismissal in default - Order does not operate as res judicata as order of dismissal in default is not a final decision of Court after hearing the parties...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Second execution application - Suit for possession decreed - Execution filed - Dismissed in default - Second execution application filed without restoration of the earlier application - Second application filed within limitation prescribed under Article 136 of Limitation Act - Second application maintainable - Limitation Act..........
Civil Procedure Code, 1908, Order 9, Rule 9, 13, Civil Procedure Code, 1908, Section , Order 21, Rule 10 -- Execution application dismissed in default - Not restored - Fresh execution application filed - Bar under O9 R9 precludes plaintiff from filing fresh suit - Provision of O9 R9 and R13 are not applicable to execution of decree when the rights of parties stands..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 21, Juvenile Justice (Care and Protection of Children) Rules, 2001, Rule 22(5) -- Age of juvenile - Birth certificate - Juvenile did not produce birth certificate issued by Municipal Authority or the matriculation certificate - No document filed in terms of Rule 22(5) of Juvenile Justice (Care and..........
Consumer Protection Act, 1986, Section 21(b) -- Revision jurisdiction - Reliefs given by the District Forum where not challenged by the petitioner/complainant before the State Commission - They would be deemed to have attained finality as far as petitioner is concerned - Petitioner wishes to raise an issue which was settled by the District Forum - Held that petitioner..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Condonation of delay - In the application for condonation of delay of 660 days dates, months and year of the movement of file at different levels till sanction to file appeal was accorded by Chief Administrator, HUDA has not been disclosed - Held that when a valuable right had accrued to the petitioner due to..........
Contract Act, 1872, Section 55, Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 20, 21 -- In a suit for specific performance of contract in respect of any immovable property, time would ordinarily not be the essence of the contract...........
