Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Final decree - Partition suit - Application for preparation of final decree can be moved by either party as in partition suit each and every party is both plaintiff and defendant - Provision of Limitation Act do not apply in such cases - However, final decree proceedings are to be drawn up by Court whether the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought referable to suit property and in context of dispute raised in suit - Plea of limitation and relief sought by way of amendment are matters to be examined by Court after parties lead evidence - Defendants are entitled to file their written statement and to raise all the available defences..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such preliminary issue - Order..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Issues framed - Parties leading evidence - Trial Court to give its decision on all issues, notwithstanding the fact that suit may be decided on the basis of one technical issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - If there is a pure question of law and the same relates to the jurisdiction of Court or a bar to the suit created by any law for the time being in force, it can be decided as a preliminary issue but when there is a mixed question of law and fact, it cannot be treated as a preliminary issue...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Final decree - Permission to add left out property - Held, inclusion of left out properties in the final decree proceedings is justified and proper - However, parties opposing such inclusion would be given an opportunity to file written statement as against such..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Any number of preliminary decrees can be passed in a suit for partition after first preliminary decree is passed - There is no legal inhibition for passing such preliminary decrees and limitation is not at all applicable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment sought to incorporate the circumstances under which forgery was perpetrated - Defendant who carries through the cross-examination of plaintiff and allows plaintiff to conclude his evidence cannot bring a plea after conclusion of plaintiff side..........
