Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Attachment of property - Attachment in execution does not extinguish prior encumbrances - An attachment is always subject to existing charges or mortgages - There is no prohibition to attachment merely because property is mortgaged - Mere existence of a mortgage cannot constitute a valid..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property - O.21 CPC does not prohibit attachment merely because property is mortgaged - Rights of mortgagee remain unaffected and decree holders claim would rank subject to such encumbrance...........
Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 135 -- Execution - Decree for mandatory injunction - Limitation for enforcement of decree granting mandatory injunction is three years commencing from date of decree or where a date is fixed for performance, such date...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of rebuttal to plaintiffs would be with respect to issues on which onus is on defendants and said right will have to be specifically reserved at the time of closing evidence in affirmative or at the stage prior to which defendants lead their evidence - In case no such right is reserved, then said..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed suit for declaration on the basis of family settlement - Defendant denied his signatures on alleged family settlement - It was incumbent upon plaintiffs to have led all evidence in affirmative to prove said alleged family settlement - Moreover, there is nothing on record to show that..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - When a compromise is to be recorded and a decree is to be passed in terms thereof, O.23.R.3 CPC envisages that terms of compromise should be reduced into writing and signed by both the parties to suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea raised are mixed questions of fact and law, which will be tried in main suit and cannot be dealt with at the preliminary stage of suit proceedings - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Protections available to bona fide claimants U.O.21.Rr.98, 100 CPC do not apply to a transferee pendente lite...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
