Civil Procedure Code, 1908, Section 47, 145, Order 41, Rule 6 -- Bond executed in the name of Court - Its enforceability in execution proceedings...........
Civil Procedure Code, 1908, Section 100 -- Question of valid execution of document - Concurrent finding by both the lower courts cannot be agitated in second appeal...........
Civil Procedure Code, 1908, Section 11 -- Constructive res-judicata - Suit against father and sons forming J.H.F. dismissed against sons - Suit decreed against father - Execution against sons on the plea of pious obligation to pay - Plea not raised in suit - Plea barred by constructive res-judicata in execution proceedings...........
Civil Procedure Code, 1908, Section 51 -- Execution of money decree by arrest and detention - Either of the conditions in the proviso of S.51 CPC is to be fulfilled...........
Civil Procedure Code, 1908, Section 115 -- Stay of execution by appellate Court is not case decided - No revision lies...........
Civil Procedure Code, 1908, Section 47 -- Decree - Decree by a Court without jurisdiction is a nullity and that its invalidity could be set up whenever and where ever it is sought to be enforced or relied upon even at the stage of execution and even in collateral proceedings. A defect of jurisdiction, whether it is pecuniary or territorial, or whether it is in respect of..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Two decree holders - One dies during execution - The other can proceed with the execution for the benefit of the Legal Representatives without succession certificate being produced...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Sale by attorney challenged as power of attorney not registered - Second power of attorney duly registered and ratifying former - Application U.O.41.R.27 allowed and the second power of attorney admitted in evidence and further held that on the basis of the second power of attorney there was a proper execution and..........
Civil Procedure Code, 1908, Section 47 -- Objection not relating to wrongful exercise of jurisdiction but absolute want of jurisdiction - Can be raised at the stage of execution of the order...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Immaterial whether application made in execution side or on the original side - Necessary that the order is to be passed by the court which passed the decree and in which the suit is pending...........
