Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Section , Order 20, Rule 12, Specific Relief Act, 1963, Section 16, 20 -- Agreement to sell - Suit for specific performance - Counter claim - Plaintiff put in possession two months prior to execution of agreement to sell - Possession of plaintiff at the time of entry was permissive but is that of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution consigned during the pendency of application U.O.9.R.13 CPC - Revival of execution sought after dismissal of application U.O.9.R.13 CPC - Revival of execution will not amount to filing the new execution - Execution petition was filed within one year of..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(6), 17, 34, 35, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Secured assets - Leasehold rights transferred to assignee of secured creditor in auction sale - Held, assignee cannot be dispossessed in execution of decree against lessee in pursuant..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection - Not tenable at the instance of J.D. when he claims that he is not the owner thereof and owner is someone else...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58 -- J.D. not objected to an attachment before judgment - Held, J.D.is precluded from raising objection to attachment in execution on the principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution of agreement to sell denied - In such a case plaintiff is not allowed to lead evidence in rebuttal - However, when one attesting witness appears as DW and denies his signatures then it becomes necessary for plaintiff to contradict statement of attesting witness by way of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution - Dismissal for no, prosecution - Inherent powers - Exercise of - Matter was not fixed for hearing and it was fixed for taking some steps - Since no steps were taken Court dismissed execution proceedings for want of prosecution - Held, there is no question of invoking the provisions of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of mandatory injunction - In execution property of J.D. attached and put to sale - As no bidder gave bid for the property of J.D. as such Court ordered execution of decree by arrest of J.D. - Executing Court at the first instance opted for attachment of property of J.D. and when there was no buyer ordered..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. complaining interference by JD in his possession - Executing Court dismissed execution application observing the revenue entries and report of Superintendent of Police do not support possession of DH - Order of executing court set aside - Held, judgment of competent civil..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Adjustment and satisfaction of decree - Nothing brought on record to show that there was certified adjustment of the decree out of the court - Unless validity of consent terms is decided finally and parties certify the same, Executing Court to proceed to adjudicate and to execute the decree, by deciding issues..........
