East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution proceedings - Civil suit - Simultaneous trial - Permissibility - Core issue to be decided both in execution application and suit are similar - Held, when there is subsisting right available, substantial justice must be rendered by providing reasonable opportunity to both parties, otherwise it would prejudice the..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Eviction order - Execution - Petitioner claims himself to be a tenant holder/respondents - Issue as to whether the petitioner was a tenant and he was put in possession as tenant by the landlord or not and whether entitled to retain possession or not - Landlord has no objection regarding disposal of the..........
Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Usufructuary mortgage - Redemption of - Execution of decree - Interference with - Held, where all disputes between parties with regard to payment of mortgage money and interest accrued thereon are finally settled and no further accounting etc. is required to be done, such a decree would be final decree as it finally..........
Civil Procedure Code, 1908, Section 151 -- Dismissal of appeal as withdrawn - Recalling of order - Application filed after about three years of dismissal of appeal as withdrawn, after decree was satisfied and possession was also delivered to respondent-decree holder on the plea that appeal got dismissed as withdrawn by counsel was without knowledge and instructions of..........
National Highways Act, 1956, Section 3A -- Acquisition of land - National Highway - Plea of respondents that alignment of proposed widening of National Highways was manipulated to suit vested interests - Respondents have neither given particulars of the persons sought to be favoured nor placed any material to prima facie prove that execution of the project of widening..........
Limitation Act, 1963, Article 129, Civil Procedure Code, 1908, Order 21, Rule 98,99,100,101,102 -- Execution of decree - Limitation - Purchaser pendente lite - Continuing obstruction - Held, each day obstruction gives rise to new cause of action - Petition not barred under Article 129 of Limitation Act...........
Civil Procedure Code, 1908, Order 21, Rule 98,99,100,101,102 -- Execution - Purchaser pendente lite - Delivery of possession - Obstruction - Appellants cannot obstruct delivery of property inasmuch as they are purchaser pendente lite - O.21.Rr.98 to 102 makes it clear that nothing in Rules 98 to 102 shall apply to resistance or obstruction in execution of decree for..........
Civil Procedure Code, 1908, Section 115, 47 -- Revision - Maintainability - Execution of decree for injunction and declaration of title - Executing Court allowed objections filed by J.D. - Held, allowing objection u/s 47 CPC amounts to deciding question in issue that decree cannot be executed - Revision against - Held, maintainable...........
Civil Procedure Code, 1908, Section 47 -- Suit decreed for injunction in respect of certain plot and for declaration in respect of other properties detailed in cause title of plaint - In execution application, executing court, while allowing objection of J.D. u/s 47 CPC can take note of all these aspects and passed order, holding that declaratory decree cannot be executed..........
