Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree passed with direction to petitioner to remove obstruction on approach road and further restraining petitioner from causing obstruction to plaintiff's right of way - Said decree makes a reference to a map in which road is shown - Entire dispute revolved around the access road leading from..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Auction sale - Executing Court normally follow procedure U.O.21.R.64 CPC while selling property - Further, Executing Court shall sell entire property or only a portion of it, as deemed necessary to satisfy decree - If petitioner is able to show that property worth is more than decretal amount than value of amount..........
Wrong provision of law -- Mere quoting wrong provisions will not take away rights of legal heirs of deceased decree holder to pursue execution petition...........
Money suit on basis of agreement -- When suit is not upon a negotiable instrument but upon an agreement, mere proof of its execution does not entail in any presumption regarding consideration or truth of contents - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
Evidence Act, 1872, Section 61 -- Contents of document - Proof - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree of possession - Objections - Objection regarding averment made in caveat petition filed by DH claiming to be in possession - Same has been explained by DH by filing reply to application as a typographical error and mistake of counsel - Merely for a wrong assertion made in caveat, execution of decree cannot be..........
Evidence Act, 1872, Section 74(2) -- Public document - Certified copy of sale deed can be produced in proof of contents of public document or part of public document which purports to be a copy and can be produced as secondary evidence of public document without laying any foundation - It will only prove contents of original document and not be a proof of execution of..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Decree of permanent prohibitory injunction - Satisfaction recorded in one execution petition would not result in dismissal of a further execution petition filed on the ground of subsequent interference caused - Decree of permanent injunction operates perpetually against judgment debtors, their assignees..........
