Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of a party - Substitution of LRs - Suit for passing of mortgage decree - In case of death of any of affected parties after preliminary decree and during pendency of final decree, whose interests are likely to be affected by drawal of final decree, substitution of his/her legal heir is compulsory and mandatory...........
Civil Procedure Code, 1908, Section 47 -- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings - They admittedly are parties in..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for final decree filed in 2013..........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Execution - Preliminary decree passed in a suit for mortgage cannot be executed without obtaining final decree...........
Civil Procedure Code, 1908, Order 34, Rule 1 -- Suit for enforcement of mortgage - Preliminary decree passed in favour of bank - Non compliance of decree and decretal amount not deposited - To contest final decree proceedings Court directed defendant to furnish solvent security towards due satisfaction of claim of bank...........
Civil Procedure Code, 1908, Order 34, Rule 11 -- Mortgage - Non-payment of loan amount - Recovery suit for realization of principal amount along with interest - Preliminary decree was passed together with interest at rate of 12% per annum from date of preliminary decree till date of realization of decree amount - Executing Court held that revision petitioner claimed lesser..........
Civil Procedure Code, 1908, Order 34, Rule 2 -- Mortgage suit - Passing of preliminary decree - Factors to be taken into account - Held, in a mortgage suit, a preliminary decree can be passed only after undertaking some exercise, such as ascertaining the costs, component of interest, as indicated U.O.34.R.2 CPC - A two-line pronouncement, namely, that `the suit as prayed..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Filing of application U.O.38.R.5 CPC in a suit in which final decree is to be passed is rare and uncommon - Slight possibility for such applications exists only in cases of mortgage decrees and that too where it emerges that the mortgaged property is found to be inadequate to meet the liability to..........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8, Limitation Act, 1963, Section 6, 7, 8 -- Redemption - Person under disability - Limitation - Extension of time to deposit the redemption money - Anomalous mortgage - Petitioner filed the suit for possession by way of redemption as minor through guardian on 27.11.1980 - Suit partly decreed on 29.10.1981 - Preliminary decree..........
