Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition for filing the same before appropriate forum - Absence of express liberty in the order cannot affect the period of limitation while decree holder specifically made a prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Demarcation of property - Property was easily identifiable - There was no dispute regarding identity of property - Dismissal of application calls for no interference...........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 47 -- Objection against execution - Only a decree which is a nullity can be the subject matter of objection under Section 47 CPC and not one which is erroneous either in law or on facts - Objection to execution of an award under Section 47 CPC is not dependent or contingent upon filing..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Filing of draft document i.e sale deed along with execution petition is not mandatory but merely directory - However, if decree holder chooses to file a draft document, either initially or at a later stage of execution proceedings, Court shall follow procedure U.O.21.R.34 CPC -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC empowers appellate Court to impose conditions for staying execution of decree of trial Court...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Attachment of property of JD - Objection by JD - Property of JDs attached for satisfaction of decree - Contention of JDs that executing Court could satisfy the decree from the security furnished to trial Court during trial is not tenable because said security is not sufficient for satisfaction of decree -..........
Civil Procedure Code, 1908, Section 39 -- Execution - Court which passed decree is entitled to execute decree...........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 6 -- Accident - Claim petition - Condonation of delay in filing appeal by minor on attaining majority - Provision of S.6 of the Act applies only with respect to a suit or an application for execution of a decree and not to an appeal or any other proceedings...........
Agreement to sell -- Specific performance - Ready and willing - Continuous readiness and willingness on the part of buyer from the date of execution of agreement to sell till the date of decree, is a condition precedent for grant of relief of specific performance...........
