Civil Procedure Code, 1908, Section 47 -- Execution - Objections not filed despite repeated adjournments - Executing Court is not expected to invite any party to file objections - It is duty of JD to file objections if any...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review power cannot be exercised on the ground that decision was erroneous on merit - That would be in the province of Court of appeal - Power of review is not to be confused with appellate power which may enable an appellate Court to correct all manner of error committed by subordinate Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Provision of S.47 CPC cannot be abused to raise a case which was not even argued or pressed before Court below or to raise an altogether new issue which required reconsideration of controversy afresh de novo, which is not legally permissible u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court has no jurisdiction to examine validity or to review or hear appeal in respect of orders passed by Assistant Collector as well as by Revenue Council - Objections rightly rejected...........
Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Objection raised by occupant of immovable property - Executing Court required to conduct full-fledged inquiry into issues raised by objector, which includes leading evidence by party...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Disputed questions of fact which could be raised before trial Court cannot be allowed to be raised in an execution application, as executing Court cannot go beyond decree passed by trial Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objections by subsequent purchaser - Subsequent purchaser may not be entitled to raise a plea challenging correctness of agreement of sale of which specific performance has been sought as petitioner being subsequent purchaser after passing of decree possibly cannot raise any such plea -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
