Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 13 -- Execution - Objection to execution proceedings as well as to application u/s 47 CPC filed by applicant do not either disclose any substantial defence to decree or testify the same to be suffering from any jurisdictional infirmity or invalidity - Order rejecting objections held, proper...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - No effort made to lead additional evidence for the last more than 3 years through being aware of the execution of documents - Moreover bringing on record the document will not help the case of plaintiff in any manner as these documents are not relevant to decide the controversy between the parties -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
Civil Procedure Code, 1908, Section 151 -- Execution - Death of JD - LRs of JD were taken on record by way of allowing application u/s 151 CPC - Provisions of O.22 CPC not applicable to proceedings, question of abatement does not arise - Application filed u/s 151 CPC rightly allowed...........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
