Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - Order passed - It is in the nature of a decree against which appeal and not revision lies...........
Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - A person that causes obstruction and wants an adjudication that his possession shall not be disturbed, he is bound to establish his title...........
Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Execution of - Entitlement to - Private respondents are the heirs of "J" and "V" who were indeed impleaded as party respondents before High Court - Held, they have locus standi to file the application for execution...........
Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Application for execution - Limitation - Enforceability of the order dated 22.01.1996 was finally pronounced in order dated 15.09.2009 passed by High Court - Application for execution filed on 04.10.2010 - Held, it cannot be considered barred by limitation...........
Civil Procedure Code, 1908, Order 9, Rule 10, 13 -- Ex parte order against dead person - Setting aside of - Respondents could not bring all legal heirs on record at relevant time - Application filed by petitioner for setting aside ex parte award/order passed against dead person - Held, such award will create further complication when same is put for execution by..........
Power of attorney -- To be strictly construed - Power of attorney holder to enter into agreement to sell or to execute sale deed - There should be express authorisation in the deed to this effect i.e. (a) to present the document before the Registrar; and (b) to admit execution of the document before the Registrar...........
Agreement to sell -- Specific performance - Cannot be declined merely because plaintiff has himself not signed the agreement as execution of agreement between the parties stands admitted even by defendant No.1...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Existence and execution of original agreement admitted by Defendant No.1 in her written statement - Sufficient ground made out for permitting plaintiff to lead secondary evidence...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, 11, 11A -- Attachment before judgment - Does not cease with passing of the decree - There is no need to seek a fresh attachment of land at the stage of execution of the decree...........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
