Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD No.4 is one of guarantors and was proceeded ex parte - Conditional warrants of arrest issued against JD No.4 - Wife of JD No.2 agreed to pay entire amount within 15 days - However, neither she had appeared before Court nor had paid decretal amount - JD No.2 is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
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, 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...........
Evidence Act, 1872, Section 102 -- Will - Burden to prove legality and validity of Will was casted upon defendants being the beneficiaries as per issue framed by trial Court - However, no prejudice was caused to defendants on account of an isolated observation made by Trial Court in its judgment and decree that onus to prove legality and validity of Will was upon..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Warrants of possession can be issued in favour of DH in a suit for permanent injunction in exercise of powers U.O.21.R.32(5) Explanation CPC...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Mere fact that no specific date or time of dispossession of DH from suit property was pleaded or established, it cannot be said that no warrants of possession in her favour can be issued...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Once a concurrent finding of fact was recorded by both Courts below in suit that DH was in possession of suit property, same carried presumption of her possession as on the date of filing of suit till the date of its..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
