Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to determine as to who is in possession of suit property - Court cannot collect evidence on behalf of any of parties - Question of possession cannot be determined by Local Commissioner rather it is for parties to lead necessary evidence to establish..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Question whether any person is or is not representative of a party is also to be determined by Executing Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions that arise between parties to suit in which the decree was passed or their representatives and relating to execution, discharge or satisfaction of decree have to be determined by Executing Court - No separate suit can be filed to determine these questions...........
Civil Procedure Code, 1908, Section 50 -- Legal representative - Death of JD - Where decree is executed against a legal representative, he is liable only to the extent of property of deceased judgment debtor which has come to his hands...........
Civil Procedure Code, 1908, Section 47, 50 -- Execution - Objections - JDs claimed that suit property has come to their hands not in their capacity as Lrs but in their independent capacity being male lineal descendants of protected tenant - Said claim raised by JDs therefore, required to be determined by Executing Court as this is a question which relates to execution,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution proceedings - Principles of res judicata are not applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 11, Order 21 -- Execution - Dropping of proceedings - Where execution proceedings are dropped on the ground of any technicality, DH is not precluded under law to file a fresh application for execution providing correct particulars for making execution petition executable...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
