Civil Procedure Code, 1908, Section 47 -- Execution - Decree of possession - Objections - Objection regarding averment made in caveat petition filed by DH claiming to be in possession - Same has been explained by DH by filing reply to application as a typographical error and mistake of counsel - Merely for a wrong assertion made in caveat, execution of decree cannot be..........
Civil Procedure Code, 1908, Section 148A -- Caveat - Extension of time to file affidavit in support of caveat - Caveatrix has caveatable interest over property and opportunity should be given to caveatrix to file affidavit in support of her caveat - As regarding allegation that caveatrix has not approached Court with clean hand, executrix will get an opportunity to..........
Succession Act, 1925, Section 232, 276 -- Will - Letters of administration - Documents filed by petitioner satisfies that he is beneficiary of Will - Execution of Will is duly proved as required u/s 67 of Bharatiya Sakshya Adhiniyam - Testatrix had 5 daughters and except one all daughters filed the consent affidavits - Said daughter has not filed any caveat or object to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed appeal in the absence of framing any substantial question of law that too at the admission stage without issuance of notice to other plaintiffs and by hearing only plaintiff no.2 who was only caveat - Said errors are compounded by fact that a sum of Rs.50,000 cost..........
Civil Procedure Code, 1908, Section 148A -- Caveat - S.148-A CPC provides for an opportunity of hearing to any person claiming such right to defend himself before passing of any order from which he might be affected and to ensure it where person files caveat, Court has to serve a notice of application on caveator, which is a duty cast upon Court...........
Civil Procedure Code, 1908, Section 148A(4) -- Caveat - S.148-A(4) CPC casts a duty on the applicant, who has been served with a notice of caveat, to forthwith furnish copy of application with complete documents filed in support of application to the caveator...........
Civil Procedure Code, 1908, Section 148A -- Caveat - Ad interim injunction granted without affording an opportunity of hearing to the caveator due to negligence on the part of Court officials as caveat was not reported - Order is liable to be recalled and caveator is entitled to be restored to the position of hearing of application afresh, on the principle that an act of..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte ad interim order passed despite filing caveat - Ex parte ad interim order rightly set aside...........
Succession Act, 1925, Section 284 -- Caveat - Probate proceedings - Claim for title on basis of registered deed of gift is beyond scope of probate proceeding - Petitioners thus, has no cavetable interest in proceedings...........
Co-owner -- Purchase from only a few of many co-owners - Concept of bona fide purchasers does not arise - On the converse what applies is caveat emptor : buyer beware...........
