Civil Procedure Code, 1908, Section 96, Order 22, Rule 3 -- Sole plaintiff - Death - L.R's not brought on record - In ignorance of death decree passed - Decree passed is a nullity - Such decree is appealable for getting its nature decided and also on other permissible questions of law - Appeal cannot be thrown overboard only on ground that in execution point regarding its..........
Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Arbitration award - Execution - Executing Court can go into the question of legal misconduct of an arbitrator and also whether the award is made without any evidence on record and if the award is made in breach of the principles of natural justice and express terms of the contract -..........
Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Arbitration award - Execution - It is the duty of the executing Court to X-ray the award and to lift the veil to find out what material was available before the arbitrator to have come to his conclusions - It is not the duty of the executing Court to decide whether the award was right or..........
Limitation Act, 1963, Article 136, 135 -- Composite decree for injunction and mandatory injunction - Limitation to enforce decree for mandatory injunction is three years - There is no limitation to enforce decree for perpetual injunction - When enforcement of decree for mandatory injunction is barred then execution petition can be maintained with regard to the decree for..........
Civil Procedure Code, 1908, Section 51(d), Order 21, Rule 50, Civil Procedure Code, 1908, Order 40, Rule 1 -- Decree against firm - Execution - There is no bar for the Court to invoke powers U.O.40.R.1 to appoint receiver to proceed against the property of the firm...........
Partition Act, 1893, Section 4 -- Right of co-sharer to purchase the share sold to an outsider - The provision does not give right to a co-sharer to purchase the share sold to an outsider any time he/she wants - The condition is that the outsider must sue for partition - So long as the stranger/purchaser does not seek actual division and possession, either in the suit or..........
Agreement to sell -- Suit for specific performance - Vendor found guilty of delay and latches in execution of contract - Plea by vendor that time was essence of contract - Cannot be accepted - Vendee is entitled to decree for specific performance...........
Registration Act, 1908, Section 17 -- Registration of document - Sale deed can be registered in the Office of District Registrar in whose jurisdiction the land is situated - Execution of document cannot be disbelieved on the ground that it was not registered in Office of Sub Registrar in whose jurisdiction the said land is situated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Execution or pronote and receipt denied and that defendant never received any consideration - Amendment sought to plead that defendant did execute pronote and receipt but without consideration - Amendment if allowed would displace the plaintiff's line of action and the defendant's defence -..........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Leave to defend - Defendant is entitled to unconditional leave to defend if a triable issue is raised indicating bona fide defence - Truth or otherwise of the issue is not at all relevant consideration in granting such leave - Defendant taking a specific plea in written statement denying execution of bill of discounting and..........
