Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court cannot go beyond decree and is bound to execute it as it stands, unless it finds that decree is in-executable, void or incapable of enforcement...........
Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree against dead person - Date on which decree was passed sole defendant was dead - No application was filed for bringing legal heirs of sole defendant - Decree is passed when suit had abated - An abated suit cannot be decreed and therefore same has to be treated as nullity - Executing Court rightly held..........
Legal Services Authorities Act, 1987, Section 21, Civil Procedure Code, 1908, Order 20, Rule 6(1), (9) -- Award of Lok Adalat - Execution - An award to be executable must have all the characters of a decree - While passing the award Lok Adalat must refer to O.20.Rr.6(1) & (9) CPC which refers to the contents of decree - When no details are reflected in the award then same..........
Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Civil Procedure Code, 1908, Section 115 -- Revision - Executing Court contemplated enquiry for ascertaining whether land in question is part of executable decree - Enquiry report does not fall within purview of "any case which has been decided by any Court subordinate to such High Court" - Powers u/s 115 CPC cannot be invoked for challenging enquiry report...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Computation of period for deposit of sale consideration - First appellate Court decreed the suit against which second appeal was filed which was dismissed - Original decree passed by first appellate Court merged with decree passed by Second appeal and it further got merged with decree of Supreme..........
Suit for possession -- Applicability of S.18 of Rajasthan Rent Control Act - Rent Control Act came into force after civil suit was filed - Act is applicable to areas in question from date of notification came into force and it does not bar decree of civil Court or pendency of such civil suit - Decree passed by civil Court is valid and executable which is not interdicted..........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
