Civil Procedure Code, 1908, Section 52, Order 21, Rule 98 -- Execution of decree for possession - Lis pendens transferee from J.D. obstructed execution of decree - Held, lis pendente alienee from J.D. cannot call upon court to decide obstruction, like a suit - Purchaser pendente lite cannot raise challenge questioning legality of decree and propriety of Court in passing..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 13 -- Shamlat land - Eviction petition by Gram Panchayat u/s 7 of the Act - Challenge as to maintainability of petition - Civil Court decree - Held, Collector in proceedings u/s 7 of the Act is competent to examine the legality and validity of the judgment and decree passed by Civil Court and that it is..........
Civil Procedure Code, 1908, Section 96(3), Order .43, Rule 1A(2) -- First appeal - Maintainability - Challenge to recording of compromise and to question of validity thereof while preferring an appeal against decree - Held, appeal is maintainable U.O.43.R.1 (A) (2) of CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Bar to challenge it by a separate suit - Bar applies to the parties to the suit - It is not applicable to a person who is not a party to the suit...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, 13 -- Rejection of plaint not disclosing any cause of action - A subsequent suit on the same cause of action is not barred - In case of rejection of plaint U.O.7.R.11 CPC which is appealable being a decree in terms of S.2(2) of CPC, the aggrieved party has two options, either to challenge the said order by way of..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge to - Independent suit - Maintainability - Compromise entered into in an appeal before High Court to modify terms of a preliminary decree passed in a partition suit - Appellant was a party to the appeal - Claim that she had not been served with notice of appeal - She had not consented to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Two options available are viz. defendant can seek setting aside ex parte decree or can challenge ex parte decree by filing an appeal - When an appeal is filed challenging the decree on its merits or on any other ground and the same when dismissed on any ground other than its withdrawal then an application..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Cannot be challenged by way of separate suit by the parties to the compromise decree - A person not party to the compromise decree can challenge the same by filing separate suit and not U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Setting aside of compromise decree - Separate suit filed raising challenge against compromise decree on the ground that compromise was obtained by exercising fraud and misrepresentation - Held, suit not maintainable in view of O.23.R.3-A CPC - Plaintiff can challenge compromise decree by filing application u/s 151 CPC...........
Himachal Pradesh Land Revenue Act, 1953, Section 171, 163 - - Jurisdiction of Civil Court - Suit for declaration and injunction - Whether decree for declaration can be granted in favour of plaintiff without assailing ejectment order passed u/s 163 of the H.P. Land Revenue Act - Held, Civil Court had no jurisdiction to grant decree in question in favour of plaintiff without..........
