Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction - Distinction - Inherent lack of jurisdiction may make a decree passed by that Court one without jurisdiction or void in law - A decree passed by a Court lacking territorial jurisdiction or pecuniary..........
Civil Procedure Code, 1908, Section 21, 21A -- Objection as to place of suing - No objection as to place of suing can be allowed by Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earlier possible opportunity and unless there has been a consequent failure of justice...........
Civil Procedure Code, 1908, Section 21, 21A -- Waiver of objection - Sec. 21 is a statutory recognition of the principle that the defect as to the place of suing u/s 15 to 20 of the Code may be waived and that even independently of Sec. 21 - A defendant may waive the objection and may be subsequently precluded from taking it...........
Civil Procedure Code, 1908, Section 21, 99, Suits Valuation Act, 1887, Section 11 -- Case tried by a court on merits and judgment rendered - Judgment not liable to be reversed purely on technical ground, unless it has resulted in failure in justice - Objection to jurisdiction both teritorial and pecuniary technical in nature - Not open to consideration by an Appellate..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Only such portion of property is to be sold in execution which is sufficient to satisfy the decree - Sale held without examining this aspect and not in conformity with this mandatory requirement is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Objections - Objection has to be specific and not general in nature - In the absence of specific allegations it is not possible for either parties or the Executing Court to deal with the same...........
Civil Procedure Code, 1908, Order 21 -- Interim orders - Execution - After decision of main lis, interim orders cannot be executed as on decision of main lis all interim orders merge into final order...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 99 -- Suit for possession by way of partition - Preliminary decree for partition passed - Final decree applied for - Local Commissioner appointed to suggest mode of partition - Objections filed by one defendant - Dismissed - Son of said defendant filed objections contending that he being tenant in occupation of..........
Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89 -- Enlargement of time - Suit for specific performance of agreement decreed - Comprise effected between parties during execution - Decree to stand fully satisfied and adjusted on payment of Rs.1.00 lac on specific date - Judgment Debtor deposited Rs. 80, 000/- on the specified date - Sought extension of time to..........
