Civil Procedure Code, 1908, Section 47 -- Execution - Distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law - Where a Court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio - Defect of..........
Consent decree -- Ancestral land - Transferred by way of consent decree in favour of grandson - Sons excluded - Mother not competent to alienate or transfer the ancestral property in favour of her grandson in presence of her other sons - Decree null & void - Set aside. Hindu Succession Act, 1956, Section 15...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for possession - Necessary & Proper parties - Consent decree suffered by Mother in favour of grand son - Sons excluded - Suit by one of the sons challenging consent decree and claiming possession - Other sons not impleaded as party to the suit - Consent decree held to be null & void - Other legal heirs/sons necessary..........
Civil Procedure Code, 1908, Section 11 -- Eviction order obtained from Rent Controller by playing fraud - Order challenged in suit being null and void - When order is questioned on the ground of fraud, question of applying doctrine of res judicata or dismissal of suit on ground of availability of alternative remedy under Rent Control Act does not arise - Whenever a serious..........
Civil Procedure Code, 1908, Order 32, Rule 7 -- Dismissal of suit on basis of report of referee - Contention that judgment is nullity as dispute could not be referred on behalf of minor to referee without leave of Court - Does not make the decree void but voidable at instance of minor...........
Consent decree -- Setting aside - Fraud and misrepresentation - Some papers got signed in the garb of selling the tractor - Suit for declaration that decree is null and void - Plaintiff was 80 years, illiterate and was having only one eye with very weak eye sight - Agreement to sell a tractor, of the same day, proved - Principle of non est factor applies in the case of an..........
Specific Relief Act, 1963, Section 12(4) -- Specific performance of part of contract - Suit dismissed by the Trial Court holding that since proforma respondent was a minor and no permission was taken from the court for selling his share, the agreement in the absence of mention of specific share of appellant, was void for vagueness and could not be specifically enforced -..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Exercise of the powers under Section 47 of the Code is microscopic and lies in a very narrow inspection hole - All questions arising between the parties have to be determined under Section 47 of the Code and not by filing a separate suit - Execution of a decree could be avoided when the decree is found to be..........
Collusive decree -- Challenged being null and void - Property not ancestral in the hands of person who suffered the decree - Decree not challenged by him during his life time - Held, when person who suffered the decree did not challenge the decree being obtained by fraud then this ground is not available to the plaintiff after his death...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13 -- Civil Court decree dated 15.3.1961 - Decree passed prior to coming into force on 4.5.1961 of 1961 Act - Civil Court passed decree keeping in view provisions of Punjab Village Common Lands (Regulation) Act, 1953 - Validity of decree not challenged at any point of time before any Civil Court or any other..........
