Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 99 -- Eviction decree - Execution - Objection by stranger - Not maintainable - If he is in possession in his own right he can put resistance at time of delivery of possession - After dispossession he can take resort to O.21.R.99 - Even on facts appellant being son of tenant and having knowledge of suit should have..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Death of one of the defendants a guarantor - Notice sent to one of L.R's on incorrect address - Exparte decree passed - Said L.R. applied for setting aside ex parte decree - Order of rejection - No finding as to service of notice on him nor any enquiry held in that regard - His share in estate..........
Succession Act, 1925, Section 276 -- Probate proceedings - Nature - A probate proceeding is confined to examination of the question of execution of the Will and mental capacity of the testator - Probate Court is not concerned whether the testator had title to the subject-matter of the Will or with the effect and consequence thereof - Whether testator was the exclusive..........
Civil Procedure Code, 1908, Order 21 &22 -- Death of D.H. during pendency of execution - Impleading of L.R's Requirement of succession certificate - Punishment of stoppage of 5 increments set aside - Arrears of salary cannot be regarded as a debt - It is the balance amount which became due after the decree was passed in favour of the D.H. - - S.214 Succession Act is not..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 21, Rule 26 -- Ex parte decree - Setting aside - Stay of execution - In case execution of decree not stayed, whole purpose of filing application U.O.9.R.13 CPC would be defeated - Moreover, in terms of the directions of Court, defendant has already deposited a sum of Rs.20, 000/- - Execution of..........
Agreement to sell -- Suit for specific performance - Subsequent vendee - Sale deed was to be executed by 21.8.1990 - Sale of land to third party before the stipulated date of execution of sale deed - Filing of suit for injunction restraining vendor from executing sale deed before 21.8.1990 in favour of third party would have been of no meaning, because vendee would have..........
Evidence Act, 1872, Section 45 -- Comparison of disputed signatures with admitted signatures - Sought during pendency of first appeal - Application rejected - Permission sought after 10 years of filing of first appeal - No explanation for the delay - No reason for not taking the step in the trial Court inspite of the fact that execution of the alleged agreement was denied..........
Collusive decree -- Execution - No one can claim execution of such like decrees...........
Compromise decree -- Execution - Once compromise is reduced to writing and in accordance with that compromise all acts have been done then application for execution is not maintainable...........
Limitation Act, 1963, Section 7 -- Compromise recorded on 12.4.1960 and no execution proceedings initiated till 11.4.1964 - New Act came into force w.e.f. 1.1.1964 - Execution under the new Act not maintainable - Limitation Act is not retrospective...........
