Limitation Act, 1963, Section 136 -- Execution - Limitation - Starting point of limitation - Appeal filed against decree dismissed in default - It still gives rise to a fresh starting point of limitation for execution of decree even if such dismissal is for reason of non prosecution...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court while deciding application u/s 47 r/w S.151 CPC, cannot question merits, correctness, validity or propriety of decree, particularly when all grounds raised u/s 47 CPC stood adjudicated in first appeal as well second appeal...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by first appellate Court in an appeal, where both appellants had expired prior to appeal being heard - Decree passed in favour of dead persons is nullity - Thus decree passed by trial Court is liable to be executed...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - O.21.R.29 CPC confers a limited power which is discretionary and intended to prevent multiplicity where same parties are litigating in two proceedings - It cannot be used by JDs to stall execution of a decree already affirmed in appeal and second appeal - If JDs believe that they have an..........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Stay of execution - Petitioner filed appeal during pendency of execution of judgment and decree - However, property of petitioner is attached which amounts to security in execution - Once property of petitioner is attached, he cannot alienate or sell the same - Further on the day of dismissal of application U.O.41.R.6 CPC,..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Third party objections - Wife of JD filed objections that decree has been obtained by DH by way of fraud - There is no matrimonial discord between petitioner and her husband/JD - Objection application is for all purposes is at the behest of her husband/JD only - Moreover, for totally unexplained reasons, JD did..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 6 -- Accident - Claim petition - Condonation of delay in filing appeal by minor on attaining majority - Provision of S.6 of the Act applies only with respect to a suit or an application for execution of a decree and not to an appeal or any other proceedings...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
