Civil Procedure Code, 1908, Order 20,, Rule 7, Civil Procedure Code, 1908, Section , Order 21 -- Limitation Act, 1963, Article 136 - Execution of decree - Period of Limitation - Starting point - Suit for declaration of title and recovery of possession - Suit decreed by Trial Court - Appeal & Revision dismissed - No stay granted during pendency of appeal & revision -..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Passed by a Court having no jurisdiction - Such a decree is a nullity - Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings...........
Limitation Act, 1963, Article 59 -- Sale deed - Challenge as to - Sale deed executed by plaintiff when he was minor wherein his age was mentioned as 26 years - Limitation - Suit can be filed within 12 years of the deed or within 3 years of attaining majority - Fraudulent misrepresentation as regards character of a document is void but fraudulent misrepresentation as..........
Civil Procedure Code, 1908, Section 41, 146, Order 21, Rule 16, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4, 12, Succession Act, 1925 -- Death of decree holder during pendency of execution - Continuation of execution by Legal Representative - Requirement of succession certificate - Money decree passed by Court in Madhya Pardesh - Decree transferred to Bhiwani..........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 3, 4 -- Impleading of Legal Representative in execution proceedings - Waiver of objection - Decree holder died during pendency of appeal - Legal Representative brought on record - Judgment debtor party to appeal - No objection raised to impleadment of Legal Representatives - Appeal dismissed - Objection to impleadment..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 12 -- Execution proceedings - Provisions of O.22 Rr.3 & 4 not applicable in terms of O.22 R.12 - Legal Representative of deceased decree holder can continue with execution proceedings without being impleaded as party in the execution - Legal Representative are brought on record only as a matter of procedure and convenience...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Issues need to be framed only when serious dispute is raised on facts and circumstances...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Objections to the Execution of Decree - Framing of Issues and leading of Evidence - The Executing Court, considering the peculiar cirumstances of the matter and serious disputed question of facts high lighted by the Judgment Debtor in objections to the Decree can frame issues and allow the parties to lead..........
Will -- Suspicion circumstances - Signature of testator on Will and sale deed did not tally - No reason given to deprive natural heirs - No evidence that there was any such reason for testator to show undue favour on beneficiary and to deprive his near ones from the right of succession - Beneficiary a distant collateral and nothing on record to suggest that testator was..........
Evidence Act, 1872, Section 34 -- Relevancy of entries in books of accounts - Suit for recovery - Plaintiff produce copy of Roznamcha maintained in ordinary course of business - Recital in Roznamcha of the loan transaction - Memorandum of transaction also executed - Defendant conceded execution of memorandum but contended the same been brought into being to document a..........
