Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Prayer for partition and separate possession cannot be granted in execution proceedings - Such prayer can always be sought by petitioners by filing a separate suit...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceedings closed after satisfaction of decree - Objectors sought restoration of execution proceedings for decision of their objections - Objections in the nature of prayers which could be sought in a fresh suit - Order closing execution proceedings, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Law as to: (a) O.21.R.29 CPC is applicable only if suit and execution proceedings are pending before same Court and not before two different Courts which are not of co-ordinate jurisdiction; (b) Provision of O.21.R.29 CPC will not apply if suit is instituted subsequent to institution of..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of warrants of arrest - Failure to join proceedings in obedience of notice U.O.21.R.37(1) CPC - Whether the petitioners were duly served or not, can only be proved by leading cogent evidence - However, since the petitioners are pleading at this stage to join proceedings, petitioners directed to put..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Suit is at the stage of recording of evidence of defendant - Relief of specific performance was sought in counter claim by way of amendment - Application for amendment filed after almost 5 years from filing of counter claim - No plausible explanation given by defendant for not claiming relief of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Trust property - Suit property was acquired by State Government as per objectors - However, no evidence on record to substantiate such fact - Moreover, plea of acquisition taken first time during execution proceedings - Even otherwise, properties of religious purposes having construction..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
