Evidence Act, 1872, Section 65 -- Secondary evidence - Can be allowed if there is loss or destruction of the document - Such permission of the Court to lead secondary evidence is summary in nature and the party propounding the document has to prove the factum of execution of the document during the course of trial...........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 34 -- Execution of Compromise declaratory decree - Execution of - Executability in absence of any consequential relief - Not Competent...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution of decree - Procedural defect - Objection - Earlier also filed - Dismissed - Will put a bar in filing subsequent application...........
Civil Procedure Code, 1908, Order 21, Rule 90, Uttar Pradesh Debt Relief Act, 1977, Section 2(11) -- Auction sale in execution proceeding - Objections - Petitioner's plea as to he being small farmer under U.P. Debt Relief Act and decree cannot be executed against him - Fact that question as to whether petitioner is a `small farmer' have not been adjudicated upon -..........
Civil Procedure Code, 1908, Section 2(4), Arbitration and Conciliation Act, 1996, Section 2(1), (e), 42 -- Transfer of Arbitration Award - Ordered by District Judge - Transferred to other place - Transfer to civil judge Senior Division - Principal Civil Court of original jurisdiction is District Judge and not Civil Judge (Senior Division), at place `P' - Civil Judge..........
Civil Procedure Code, 1908, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Execution of exparte decree - Application for stay of execution filed in an application for setting aside exparte decree - Trial Court should not have proceeded to sell the property in post-haste manner - Sale of land without notice to J.D. on refusal report on an application U.O.21.R.66..........
Civil Procedure Code, 1908, Section 47 -- Execution - Distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law - Where a Court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio - Defect of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Non joinder of a party who is not necessary party to the suit - Does not render the decree a nullity...........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 15 -- Specific performance of suit - Agreement to sell property - Plaintiffs averred that amount of loan advanced by them to defendant was treated as advance and balance sum was to be paid by plaintiffs at time of execution and registration of sale deed - However, defendant issued notice to..........
Civil Procedure Code, 1908, Section 21 -- Eviction suit - Necessary parties - Suit filed by widow of landlord who became owner after his death - Not disputed by tenant even in written statement for third persons application for party - Alleged bequeath of property - Claim made for first time after 15 years of execution of alleged "Will" - Question of title and ownership..........
