Civil Procedure Code, 1908, Section 2(9), Order 20, Rule 4 -- Decree for prohibitory injunction passed against only one of the defendants - Not a judgment within the meaning of S.2(9) read with O.20.R.4 CPC - Not legally valid which is capable of execution...........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be restored U.O.21.R.106 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - It is one of the options available to D.H. - He cannot be forced to take recourse to this provision only as a last resort after exhausting all other modes of execution...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
Civil Procedure Code, 1908, Section 11 -- Explanation VII - Res judicata - Applies to execution proceedings as well - Principles of res judicata applies to different stages of the same proceedings is well settled...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution - A decision in executing proceedings on question of value of property, as such may not constitute res judicata at a later stage of execution proceeding where the question arises whether the value of property has undergone change...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Title suit decreed - Execution petition for execution of decree filed - Plaintiff/Decree Holder sought amendment for substituting name of one of parties as there was error in mentioning name of party - Amendment allowed vide impugned order - Held, impugned order cannot be faulted...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1,2, Delhi Rent Control Act, 1958, Section 14(1)(a) -- Eviction - Temporary injunction - Res judicata - Eviction order against tenant - Appellant filed application U.O.39.Rr.1, 2 CPC to obtain stay of execution proceedings with respect to eviction order passed against him - Objections filed by person through whom..........
Will -- Execution - Proof - Scribe of Will died and therefore another Deed Writer was examined to prove handwriting of scribe - Defendants have also examined one attesting witness of the Will i.e. Sarpanch - Held, this evidence is sufficient to prove due execution of Will - There was also sufficient justification for testator for executing Will in favour of defendants..........
