Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - Out of Court settlement - Judgment-debtor should not have taken the risk of warding off a decree by an out of court settlement by a doubtful document - This fatal mistake has to be to his peril - No person of reasonable intelligence would accept such a defence against decree..........
Civil Procedure Code, 1908, Order 21, Rule 17(1A) -- Execution - Money decree - Decree provided that plaintiff is entitled to consequent relief of realizing his withheld amount of Re-investment plan (RIP) of Rs.51097 - Entire controversy hinges in respect of said direction made in decree - Whether realization of withheld amount of RIP of Rs.51097 would mean merely a sum of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction decree on basis of compromise - Compromise made part of judgment - Decree not set aside by any Competent Court - Operation of decree not stayed by any Court - Decree is liable to be executed as J.D. has not honoured terms and condition of compromise - Objections raised by J.D. to bring on record..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Scope - O.21.R.32 CPC deals with twin situation (i) regarding execution of decree and if decree of injunctions is otherwise not executable then to resort to civil imprisonment or attachment of property of judgment debtor; (ii) violation of decree passed by trial Court - To claim any violation of decree specific..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
Agreement to sell -- Specific performance - Stamp duty - No delivery of possession of suit property either before or after execution of suit agreement for sale was made - Possession is ordered to be delivered by defendants to plaintiff after execution of sale deed, as a part of decree of specific performance - There is thus, no substance in the argument that stamp duty of..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is a nullity can be subject matter of objection u/s 47 CPC - Decree which is even erroneous either in law or on facts cannot be made subject matter of objections u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Decree for possession and permanent injunction - Objection filed by JD after issuance of warrants of possession - Objection that compromise arrived at between parties where by DH agreed to transfer her ownership in property in question of JD and payment received therein by JD - Objection rejected, as..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction decree - Petitioners being sons of substituted defendants pleaded that since they never made parties to suit, they had no knowledge regarding decree passed against them, therefore decree passed against them is not executable - However, petitioners already filed petition U.O.21.R.98 CPC and same was..........
