Court Fees Act, 1870, Section 7(ivA) -- Court fees - Suit for cancellation of sale deed and for permanent injunction - Alternative pleas taken by plaintiff which are not based only on denial of execution of document - Plaintiffs therefore, are liable to pay Court fee u/s 7(iv-A)(1) of the Act...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Injunction order - Civil Court observed that eviction of tenant shall remain stayed except pursuant to the order of competent Court - Held, injunction order not a hindrance in the execution of decree...........
Limitation Act, 1963, Article 136 -- Execution of decree - Limitation - To execute any decree (other than a decree granting mandatory injunction) or order of any Civil Court, period of limitation is 12 years from the date when order becomes enforceable...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide purchaser - Subsequent purchaser only denied the agreement between vendors and plaintiff - No witness is examined on his behalf - Facts on record disclose that vendors made conscious efforts to ensure that plaintiff did not obtain an order of injunction against them by fling caveat -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by defendants to refrain from..........
Civil Procedure Code, 1908, Section 47 -- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said objections are nothing but attempt..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
