Civil Procedure Code, 1908, Section 144, Order 41, Rule 5 -- Provisions of Section 144 - Mandatory - Stay of execution of decree for possessio, Court to exercise its discretion in accordance with provisions of Order 41 Rule 5 - Party not in possession obtained possession in execution of erroneous decree reversed in appeal - Cannot be granted stay of restitution during..........
Punjab Co-operative Societies Act, 1961, Section 63 - - Ultra vires - Section 63 provides three separate modes of executio, No indication of circumstances in which Registrar may adopt one or the other mode of executio, Registrar can discriminate against a defaulter at his own sweet will - Section 6.3 (b) and (c) violative of Article 14 of Constitution. Three separate modes..........
Civil Procedure Code, 1908, Section 115 -- Revisio - Whether proper Court - fee paid on a plaint - Primarily a question between plaintiff and State - Defendant has no right to move superior Courts by appeal or in revisio, Court Fees Act (7 of 1870). Whether proper Court-fee is paid on a plaint is primarily a question between the plaintiff and the State. The jurisdiction in..........
Civil Procedure Code, 1908, Section 17, 16 -- Section 17 is a proviso to Section 16 - Option of selecting forum - Available to plaintiff if: (i) suit not contrary to Order 1 rule 3 and Order 2 rule 3 ; and (ii) right to relief arises out of same act or transaction or series of acts or transactions, and common questions of law or facts arise. Section 17 of the Code of Civil..........
Civil Procedure Code, 1908, Section 51 -- Order or decree passed against a dead person - Can be reopened and set aside under Section 151. It is well settled that a Court has inherent jurisdiction to correct its previous illegal order or judgment. Where an order or decree is passed against a dead person, it may either be because of the ignorance of the Court about his death..........
Civil Procedure Code, 1908, Section 150(1)(ccc) -- Scope of - Residential house if specifically charged regarding debt sought to be recovered - Can be sold in execution of decree. The proviso to sub-clause (ccc) of proviso to sub-section (1) of Section 60 of the Code of Civil Procedure, provides that the protection afforded will not extend to any property specifically..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Word "debt" as used in the expression "the debt sought to be recovered" - Meaning of - A debt recoverable by actio, Not a judgment - debt or decretal - debt. "Debt" means "a sum payable in respect of a liquidated money demand, recoverable by action" ; "that which is due from one person to another, whether money, goods or..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption of residential house of judgment - debtor from sale in execution of decree - Portion of house which is on lease with a tenant - Not exempt from attachment and sale.
- clause (ccc) of proviso to sub - section (1) of Section 60 of the Code of Civil Procedure gives protection to judgment - debtor that the..........
Civil Procedure Code, 1908, Section 52 -- Enforcement of decree against Legal Representatives - In order that section applies - Decree must be for the payment of money out of the property of the deceased. Cases referred: Sm.Rani Brijraj Kumari v. Manranjan Prasad Singh, AIR 1947 Patna 365..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Suit by owner in possession of property for permanent injunction restraining defendant from interfering with his possessio, Covered by Order 3 i rule 2 - Word "injury" envisages an act which is contrary to law - Temporary injunction during pendency of suit - Appeal against - Competent. If the posses ion of an..........
