Civil Procedure Code, 1908, Section 47, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Execution - Objection by third party claiming himself to be a direct tenant - Held, there in no compulsion on the part of the Executing Court to proceed in the matter only after framing of issues...........
Limitation Act, 1963, Article 135 -- Execution - Limitation - Decree modified by appellate Court - Limitation to file execution commences only from the date of the judgment and decree of the Appellate Court...........
Will -- Registration after death of testator - Will has to be registered on satisfaction of three conditions, viz. (a) that the Will has been executed by testator; (b) that the testator is dead; and (c) that the person presenting the Will is, under S.40 of Registration Act, entitled to present the same - Satisfaction of Registering Authority about execution of Will can be..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Housing -- Plot allotment - Cancellation of plot allegedly for non deposit of developmental charges - The OP has not filed any agreement of sale wherein terms and conditions as to manner of payment of developmental charges as also cost of the plots have been incorporated - Only the membership form has been made basis of contract which does not speak of any power conferred..........
Will -- Execution - Proof - One attesting witness examined - Could not proved the will as his vision was poor - Other attesting witness not examined - No evidence on record that the other attesting witness is dead - Held, as it is imperative to examine at least one attesting witness of the Will to prove its execution as such no attesting witness of the Will has proved..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections at the instance of transferee pendente lite - Objections are not maintainable in view of O.21.R.102 CPC - When objection petition itself is not maintainable then there is no need to frame issues...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Issues need not to be framed when objections are by the parties to the suit nor evidence is required to be recorded, particularly when facts are undisputed - 2008(1) Civil Court Cases 364 (P&H) distinguished as in that case it was held that objections filed by third party (i.e. not party..........
Civil Procedure Code, 1908, Section 47, 151, 149, Order 21, Rule 32 -- Execution - Decree for specific performance - Direction to execute sale deed within two months after deposit of sale consideration - However, no time was fixed for deposit of the balance sale price - Default clause not stipulated in the decree - Held, as there was no time period fixed for deposit of the..........
Limitation Act, 1963, Article 135, 136 -- Execution - Decree for mandatory injunction and possession - Execution of decree for possession does not become infructuous or inexecutable merely because decree for mandatory injunction is barred by limitation...........
