Civil Procedure Code, 1908, Order 37, Rule 4 -- Expression `special circumstances' not defined in Civil Procedure Code nor capable of any precise definition by Court - Non - service of summons - A special circumstance - Court to determine whether circumstances pleaded so unusual or extraordinary as to justify setting aside decree and to grant relief in regard to post -..........
Civil Procedure Code, 1908, Section 47, 52, 60 -- Execution - Compensation awarded to legal representatives on the death of a person does not form part of the estate of the deceased and cannot be attached in execution of decree against the deceased...........
Agreement to sell -- Suit for specific performance - Suit filed after six years of agreement to sell - No material to prove that plaintiff asked for execution of sale deed - Held, plaintiff is not entitled to discretionary relief of specific performance. (Specific Relief Act, 1963, S.20)..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote and receipt - Execution duly proved - There is presumption of consideration passed on to defendant at the time of execution of pronote and receipt...........
Civil Procedure Code, 1908, Section 144, 151, Order 9, Rule 13 -- Restitution - Relief at interlocutory stage can be granted - Tenant evicted in execution of ex parte decree - Sale of property in the meantime - Exparte decree set aside as it was passed even without notice to the tenant - Order of restitution can be passed against purchaser - Relief of restitution can be..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - 12 years - Starts to run from the date of decree/order of appellate Court and not the date of decree of trial Court even if appeal is dismissed...........
Limitation Act, 1963, Article 136 -- Limitation for execution of any decree or order of any Civil Court - 12 years from the date when decree or order becomes enforceable - Words 'when the decree or order becomes enforceable' in Article 136 - Must necessarily mean that in a case where decree has been subject matter of appeal, whether first appeal or second appeal, then..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Execution - Contention of defendant that he had only signed on the stamp and rest of the document was blank - Such an admission cannot be construed as an admission of execution of the pronote...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - If execution is proved there is presumption of consideration - Scribe of pronote in his evidence stated that defendant was not present when he filled up the blank pronote and no consideration was paid in his presence - Attesting witnesses not examined - Held, plaintiff has failed to prove the case..........
Contract Act, 1872, Section 23 -- Giving up a legal right is not hit by S.23 - Motive of a party even to defeat execution of decree that may be passed against him would be immaterial...........
