Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
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,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Some trifling utterance or remarks or mere threatening of one spouse to other cannot be construed to be cruelty for grant of decree of divorce...........
Agreement to sell -- Suit for specific performance - Execution of sale agreement and payment of advance amount itself is doubtful - Relief of specific performance not granted - Plaintiff would not be entitled to any relief, unless and until such relief was asked for by plaintiff - A decree directing return of advance amount without any alternative prayer for the return of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC to seek setting aside ex parte decree has to be dealt with by Court which passed the decree...........
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 34 -- Interest - Suit decreed with all consequential benefits, however, no interest was granted - Once judgment and decree passed by trial Court was clear and explicit with respect to interest not awarded, no illegality or perversity can be found with discretion exercised by Executing Court having denied the interest - Executing Court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
