Limitation Act, 1963, Section 21(1) -- Proviso, 2(h), Civil Procedure Code, 1908, O.1.R.10(2) - Substitution or addition of new defendant - Limitation - Plaintiff brought suit against five defendants - One of defendants was dead - On gaining knowledge of fact of death of one of defendants, plaintiff filed application U.O.1.R.10 CPC to implead LR's of deceased defendant -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case pending in the civil court at `H' to family court at `M' - Marriage solemnized between the petitioner and respondent at `M' - Petitioner staying at `M' with the parental family on account of alleged harassment given to her by the respondent and his family - Petitioner filed maintenance petition pending before..........
Transfer of Property Act, 1882, Section 39, 52, 53 -- Transfer of immovable property made with an intention to defeat or delay the execution - Purchase of land after filing of execution petition and order issued to the Collector for recovery of awarded amount as arrears of land revenue lead to only one conclusion that transfer was fraudulent with an intention to defeat the..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Contempt of Courts Act, 1971, Section 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- After passing of the decree asking D.H. to accept the principal amount and waive the interest awarded thereon - It is open to the parties to enter into a contract or compromise with reference to their rights under the decree - The right of the judgment debtor to make an attempt to..........
Civil Procedure Code, 1908, Order 21, Rule 2, Contempt of Courts Act, 1971, Section 14 -- After passing of the decree J.D. writing a letter to D.H. to accept the principal amount and waive the interest awarded thereon - It is an attempt to persuade the D.H. to forego claim relating to interest - An agreement, which extinguishes the decree as such in whole or in part and..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Issues need not to be framed when objections are by the parties to the suit nor evidence is required to be recorded, particularly when facts are undisputed - 2008(1) Civil Court Cases 364 (P&H) distinguished as in that case it was held that objections filed by third party (i.e. not party..........
Civil Procedure Code, 1908, Section 47 -- Execution - Suit decreed - Defendant directed to handover vacant possession within one month of plaintiff depositing Rs.12, 500/- in the Court - Plaintiff deposited the amount after three years and filed execution - As per decree plaintiff was not supposed to deposit the amount within one month - Relief stipulates that J.D. was to..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction order - Obstructor claiming to be in possession in his independent right of tenancy - No rent receipt or documentary evidence produced - Rent, if not accepted by landlord, not deposited in Court - Merely because of the original rent note executed between D.H. & J.D. being in the hand of obstructor does..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Restoration of possession of suit property to decree holder can be ordered if direction of permanent injunction is violated by J.D. - Executing Court even by invoking S.151 CPC can order delivery of possession to D.H. who is dispossessed in violation of decree of..........
