Civil Procedure Code, 1908, Section 100 -- To confer jurisdiction on High Court under S.100 CPC a substantial question of law is sine qua non - High Court interfered with fact finding entered by First Appellate Court on question of undue influence, fraud etc. in execution of sale deed - Trial Court dismissed but lst appellate Court decreed the suit - No substantial..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution - Amendment - Allowed - High Court reversed the order - Appeal against - Decree holder permitted to file a fresh execution showing correct amount due as per decree - New execution application permitted to be filed without prejudice to the right of J.D. to raise all contentions...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 469 days - Applicant came to know for the first time about ex parte decree when notice in execution was served on him - Trial Court set aside exparte decree after condoning delay - High Court in revision set aside the order of trial Court - Appellant..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Objections to maintainability of execution filed - In view of the defence taken thereto another application filed - Both the applications heard and decided together - Second application is not barred by res judicata as there was no final decision on first application which operates as res judicata...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Court sale - Setting aside - Once a decree is passed and sale notification issued, decree cannot be treated as instalment decree merely because J.D. paid some amount on each and every date to which execution was adjourned for sale of property at his instance and D.H. accepted the amount paid - Sale need not be stopped on..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- No actual physical dispossession in execution of decree - As such application U.O.21.R.99 is not maintainable - So adjudication of right of third party and claim over the property is outside the scope and jurisdiction of executing Court...........
Gratuity -- Grant of - Execution of order - Matter already decided by the Civil Court - Order of the Civil Court was maintained upto the level of the High Court - If there was any deficiency in execution of the order of the Civil Court then the complainant was at liberty to get the order of the Civil Court executed not before the District Forum but before the Civil Court -..........
Housing -- Plot allotment - No lay out plan of the residential colony approved by the development authority - Execution of sale deed of the plot in favour of the respondent by the appellant OP without getting the colony approved held to be deficiency in service - Direction issued to refund the amount along with interest @18% if the sanction of lay out plan is not obtained..........
Agreement to sell -- Suit for specific performance - Hypothecation/mortgage of property - Does not create any bar in execution of agreement to sell - In hypothecation/mortgage title of property is not transferred to mortgagee - Hypothecation or mortgage simply creates a charge over the property and it's effect is that mortgagee has 1st charge over the property for..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Sale deed to be executed after repeal of existing law which prohibited sale of such land - Repeal of law cannot be taken as future event which is certain to happen even though law came to be repealed subsequently - Time of three years to file suit therefore starts to run from date when vendee..........
