Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person is a nullity - If a decree is a nullity, its invalidity can be set up whenever and wherever it is sought to be enforced, even at the stage of execution...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Question whether any person is or is not representative of a party is also to be determined by Executing Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions that arise between parties to suit in which the decree was passed or their representatives and relating to execution, discharge or satisfaction of decree have to be determined by Executing Court - No separate suit can be filed to determine these questions...........
Civil Procedure Code, 1908, Section 47, 50 -- Execution - Objections - JDs claimed that suit property has come to their hands not in their capacity as Lrs but in their independent capacity being male lineal descendants of protected tenant - Said claim raised by JDs therefore, required to be determined by Executing Court as this is a question which relates to execution,..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Rejection of application - No appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Objections - Plea of fraud raised by defendants was available to them during trial and was in fact raised in objections during first execution - Said objections were dismissed - Permitting JDs to raise the same plea again in a second execution would violate the principle of finality of litigation..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) Review is not to be confused with appellate powers, which may enable an appellate court to correct all manner of errors committed by the subordinate court;..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
