Recovery Suit -- Plaintiff had filed suit for recovery basing his claim on pronote and receipt - Due execution of pronote and receipt proved - Mere denial of execution of pronote and receipt by defendant was not sufficient - - Defendant failed to establish that pronote and receipt were result of forgery and fraud - Suit rightly decreed by Courts below - Appeal dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Hand writing expert - Cannot be allowed to be examined in rebuttal evidence when execution of agreement was denied in written statement and onus to prove agreement was on plaintiff...........
Civil Procedure Code, 1908, Order 21, Rule 92(4) -- Execution - Court sale - Third party objections - Third party claiming any right over the property covered by Court sale can have recourse to Rr.97 or 99 and not by way of a separate suit...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Procedure U.O.21.Rr.105 & 106 CPC is not confined to the adjudication of application under Rules 97 or 99 but in the case of any other application covered by O.21 of the Code wherein an adjudication of the substantive right of the parties is involved for determination by the Court...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - After amendment of CPC in 1976 if a suit challenging a decree of possession of property is entertained before commencement of the execution proceedings, and if the execution of that decree has ended in a Court sale or the plaintiff is already dispossessed, the claim raised has to be..........
Civil Procedure Code, 1908, Order 60(1)(c) -- Execution proceedings - Attachment of property - Exemption to agricultural labourers - Held, executing court held that judgment-debtor admitted that he is a tailor and that he is not entitled to benefits of S.60(1)(c) CPC - This is neither patently nor evident on record - Held, patently, the judgment-debtor is an agricultural..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Cheating - Bail application - Grant of - Accused a property dealer, charge-sheeted for offence of cheating - Land was purchased by accused for consideration of Rs.1,44,00,000/- - Accused assured informant that she would be first paid Rs.6 lacs out of aforesaid consideration and remaining..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Setting aside of - Ex-parte decree which is basis of auction sale itself is vitiated on account of fraud played on Court as held by lower Court while setting aside the ex-parte decree - Held, auction sale ought to have been set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Application to set aside sale - Not pressed - Effect of - Held, as per R.92 unless an application made u/r 89 or 90 or 91 is disallowed, Court shall not make an order confirming the sale - Said rule nowhere mentions the fate of an application which has not been pressed - Hence, Court has to first decide..........
