Civil Procedure Code, 1908, Section 47, Order 21, Rule 36 -- Execution - Decree for specific performance - Objections by third party in execution of a decree for specific performance - Not maintainable - Third party cannot inter meddle by raising objections u/s 47 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - No technical objection can defeat the decree passed by competent Court, which attained finality...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to jurisdiction of Court - Issue of jurisdiction was decided by trial Court and also by Appellate Court - Executing Court is not expected to decide the same issue again while executing the decree - Objection rightly rejected...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Every error whether factual or legal cannot be made subject matter of review U.O.47.R.1 CPC, though it can be made subject matter of appeal arising out of such order - However, in order to attract provision of O.47.R.1 CPC, error/mistake must be apparent on the face of record of case...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that entire decretal amount was not paid by..........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
