Civil Procedure Code, 1908, Section 96, Order 20, Rule 18 -- Appeal against final decree in partition suit - Filed after delay of 12 years - Preliminary decree was passed long ago in 1971 - It was confirmed by Board of Revenue - Final decree for partition was also passed in 1971 - Appeal was preferred along with condonation application in 1983 when final decree was put to..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9 -- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Plea that opportunity to deposit arrears of rent before passing the decree not granted as provided by the statute - It was for the tenants to have invited the attention of Court by making an application so as to avail an opportunity of wiping out the effect of their default - On the face of it decree suffers from a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Will - Joint Sub Registrar issued a certificate showing that the witness have appended their signatures in his presence and the thumb impression by the testator was also in his presence - Execution of will and registration of will duly proved - Concurrent findings of fact recorded by both the Courts below - No..........
Civil Procedure Code, 1908, Order 21, Rule 32, 26, Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Order of status quo regarding possession passed in an appeal against decree of specific performance - Execution not stayed - Executing Court directed to proceed with the execution and get the sale deed executed in favour of D.H. in accordance with law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Specific performance - Defendant an old illiterate and rustic villager who is a widow denied execution of agreement - An earlier attempt made by close relation of respondent to grab the property by setting up a will - Litigation with regard to that ended on 17.10.1984 when Second Appeal filed by close relation of..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - 12 years - Starts to run from the date of decree/order of appellate Court and not the date of decree of trial Court even if appeal is dismissed...........
Limitation Act, 1963, Article 136 -- Limitation for execution of any decree or order of any Civil Court - 12 years from the date when decree or order becomes enforceable - Words 'when the decree or order becomes enforceable' in Article 136 - Must necessarily mean that in a case where decree has been subject matter of appeal, whether first appeal or second appeal, then..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Decree for execution of conveyance - Defendant neither applied for setting aside ex parte decree nor did he challenge the same in appeal - He cannot be allowed to raise any objection in execution...........
Advocates Act, 1961, Section 35, 37, 38 -- Advocate - Professional misconduct - Advocate receiving money in execution of decree, on behalf of decree holder, but not accounting him and using it for own need of medical treatment - State Bar Council holding him liable and struck off his name from the Roll - Bar Council of India, in appeal, condoned it on ground that there was..........
