Civil Procedure Code, 1908, Order 21, Rule 97, 98, 103 -- An application filed U.O.21.R.35(3) or S.47 is to be treated as an application U.O.21.R.97 and is required to be adjudicated under rule 98 - Dispossession of the applicant from the property in execution is not a condition for declining to entertain the application - The order is treated as a decree U.O.21.R.103 and..........
Civil Procedure Code, 1908, Section 11 -- Expin.VI - Compromise decree-Execution-Validity of decree challenged - Objection dismissed - Subsequent objection raised that decree is vague and incapable of being executed - Held, objection is barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction decree - Execution - Objections - Dismissed- Subsequent suit for declaration that decree was fraudulently obtained and hence not binding based on same facts in respect of same subject-matter and between same parties - Held, suit is not maintainable...........
Will -- Divesting of close relations - Not a suspicious circumstance as divesting of close relations is the purpose of execution of will...........
Civil Procedure Code, 1908, Section 47 -- All questions arising between the parties relating to execution, discharge or satisfaction of the claim are required to be determined by the officer in charge of execution before proceeding with execution by way of sale...........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - When execution is proved there is presumption of consideration, until the contrary is proved - Once the plaintiff pleads consideration different from the one found in negotiable instrument, the statutory presumption does not arise...........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note -Consideration - Presumption - When execution is proved there is presumption of consideration until the contrary is proved...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Enforceability of decree - Altered situation - Decree for perpetual injunction granted restraining the mother of the appellants from constructing a window in the joint wall - Subsequently a new wall constructed whereas no joint wall existed - As there is an altered situation after pass-ing of the decree and the..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Appellant found in possession - Appellant is entitled to obstruct execution defending his illegal dispossession and he is also independently entitled to file application U.O.21.R.97 claiming his possession...........
Decree -- Plea of nullity - Can be raised even in execution proceedings when the matter goes to the root of jurisdiction...........
