Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - No technical objection can defeat the decree passed by competent Court, which attained finality...........
Specific Relief Act, 1963, Section 22(2) - - J.D. raised objection to issuance of warrant of possession on the plea that possession is already with the D.H. - Executing Court issued warrant of possession on the basis that it is mentioned in agreement to sell that possession will be delivered on execution of sale deed - Order upheld...........
Will -- Probate - Three attesting witnesses - Two attesting witnesses already died and one of attesting witness examined and he stated that he was called by testator, who prepared Will in his own handwriting in presence of two other persons - All attesting witnesses have also signed Will at the request of testator in presence of attesting witnesses - Testator was in good..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to jurisdiction of Court - Issue of jurisdiction was decided by trial Court and also by Appellate Court - Executing Court is not expected to decide the same issue again while executing the decree - Objection rightly rejected...........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's on the basis of Will when there is no natural heir of deceased on record - Serious objection as to execution of Will - Issue as to legal representative has to be decided upfront after taking evidence and such issue cannot be decided later...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JD as to attachment of property as it is mortgaged with bank - Objection not tenable as such objection can be raised by bank, the mortgagee of property, and secondly property cannot be refused to be attached on the mere ground that it is mortgaged...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JDs that execution petition is premature - Objection rejected, as no such objection was raised by JDs during execution proceedings and said objection cannot be permitted to be raised before High Court in proceedings u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not..........
