Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court while deciding application u/s 47 r/w S.151 CPC, cannot question merits, correctness, validity or propriety of decree, particularly when all grounds raised u/s 47 CPC stood adjudicated in first appeal as well second appeal...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court cannot go beyond decree and is bound to execute it as it stands, unless it finds that decree is in-executable, void or incapable of enforcement...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - Primary onus lies on DH to show that JD has willfully disobeyed the conditions of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review petition cannot be used as a substitute for appeal or re-argument on merits...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review U.O.47.R.1 CPC is confined to cases where there is: (i) discovery of new and important evidence not within applicant's knowledge despite due diligence; (ii) an error apparent on the face of record; or (iii) any other sufficient reason analogous thereto...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - JD can resist execution proceedings by taking all defences available to him...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine validity of order of Court which had allowed execution of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by first appellate Court in an appeal, where both appellants had expired prior to appeal being heard - Decree passed in favour of dead persons is nullity - Thus decree passed by trial Court is liable to be executed...........
