Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objection - Once the compromise decree is clear and unambiguous and the same has attained finality, executing Court cannot traverse beyond the said decree unless the same is a nullity or without jurisdiction - Court below committed error by allowing application u/s 47 CPC, as object of S.47 CPC is to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to correct the date of execution of agreement to sell in question - Proposed amendment an attempt to turn the pleadings in suit on its head and radically change the contours of averments made in original plaint - More so, amendments sought run contrary to..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
Civil Procedure Code, 1908, Section 47 - - Execution - Sale - Proceedings coming to an end - If the purchaser is already in possession of property, there is no question of his filing an application for delivery and in such cases execution proceedings cannot be continued after sale - Only if it is necessary to deliver the property pursuant to sale, execution proceedings do..........
Civil Procedure Code, 1908, Section 47 -- Execution - Sale - Proceedings coming to an end - Sale certificate issued in favour of D.H. who was the auction purchaser - Decree Holder sold the property to J.D. - Thus auction purchaser/D.H. lost title to the property - Thereafter D.H. has no right to maintain the delivery application - Application for delivery of property..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleadment - LRs - Petitioners claiming to be impleaded as legal heirs of deceased decree holder on the basis of registered Will - Executing Court dismissed application on the ground that their interest is adverse to already impleaded LRs and if they have any right they can always file a separate suit - LRs are impleaded..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be restored - If such an..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is maintainable and so the writ..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted that before said Will..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
