Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
Wrong provision of law -- Mere quoting wrong provisions will not take away rights of legal heirs of deceased decree holder to pursue execution petition...........
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, Order 7, Rule 10, Commercial Courts Act, 2015, Section 36 -- Filing of execution petition before Commercial Court where defendant resides - Well within meaning of S.36 of Act of 2015 - Order passed by Commercial Court returning back case invoking provision of O.7.R.10 CPC is patently wrong and set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Quoting of wrong provision of law - DHs filed amendment application U.O.6.R.17 CPC instead of O.21.R.17 CPC - If Court has power, only use of wrong nomenclature in petition such power cannot be taken away - Thus, in all intents and purposes,..........
Land Acquisition Act, 1894, Section 4, 30, Civil Procedure Code, 1908, Section 151, 152 -- Land acquired and award passed - Reference decided - Finally High Court granted solatium at 15 percent and interest at 6 percent per annum which became final and binding as no appeal was filed in Supreme Court - Subsequently decree holders filed civil miscellaneous application u/ss..........
