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..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Proclamation of sale - Published in newspaper not containing valuation of either of parties - Only decretal amount mentioned - There is every possibility that intending purchaser would offer his bid for decretal amount only - J.D. may suffer huge loss - Non mentioning of value of J.D. in proclamation of sale goes to very..........
Civil Procedure Code, 1908, Section 96, Order 21, Rule 99, 103 -- Objections to execution of decree - Objector claiming possession of part of suit land - Objections dismissed - Revision filed - Objections are in terms of O.21 R.99 - Order passed on such objections have the force of decree in terms of O.21 R.103 - Order appealable - Revision not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Before granting police aid, notice to J.D. not issued - J.D. deprived of his right of resisting decree by putting forth defences available to him - Impugned order set aside...........
Civil Procedure Code, 1908, Section 21, 24 -- Territorial jurisdiction - Suit filed in a Court having no jurisdiction - Suit can be transferred to a Court having jurisdiction to try it...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Cannot be raised for the first time in an appeal unless appellant is able to show consequent failure of justice...........
Specific Relief Act, 1963, Section 28(3)(a), Civil Procedure Code, 1908, Order 21, Rule 34 -- Decree of specific performance - Execution petition for execution/registration of sale deed is to be filed U.O.21.R.34 CPC and not u/s 28(3)(a) of Specific Relief Act - S.28(3) Specific Relief Act does not empower the court to execute the decree...........
