Civil Procedure Code, 1908, Section 47 -- Execution of decree passed on the basis of family settlement - Objection as to stamp duty and registration of decree before the same can be executed - Such objections should have been raised in suit itself - Objections cannot be raised in execution proceedings - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 103 -- Execution - Objections - Dismissal of third party objections - Order has the same force as a decree and is subject to the same conditions as to appeal - Order is appealable - No revision lies thereagainst - Revision petition dismissed as not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree obtained by fraud - Talks for settlement held and defendant was asked not to come to Court as plaintiff would withdraw suit - There was friendship between parties before the alleged transaction - Sufficient reason for not coming to Court - Ex parte decree set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband for divorce on ground of cruelty - Before filing petition for divorce, husband filed petition for restitution of conjugal rights - Husband was thus ready and willing to resume co-habitation - Conduct of husband by filing petition for restitution of conjugal rights amounts to clear act of..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25 -- Additional evidence at appellate stage - Appellate Court cannot remand the case to trial Court - Appellate Court could have framed additional issues and called for findings on such additional issues or could have remanded the case after reversing the decree passed by trial court and finding the retrial necessary -..........
Agreement to sell -- Specific performance - Plaintiff ready and willing to perform his part of the contract - Plaintiff had arranged for sufficient funds to pay the seller - Decree of specific performance granted...........
Civil Procedure Code, 1908, Section 2(2), 115, Order 7, Rule 11 -- Rejection of plaint - Appeal thereagainst also dismissed - Revision filed against order of appellate Court with a prayer that in case revision is found not maintainable it may be converted into regular second appeal - Formal decree sheet is not required to be drawn when plaint is rejected as rejection of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Marriage completely broken and it would be inflicting further cruelty upon both the parties to force them to stay together - Out of 21 years of marriage, admittedly, the parties are living separately, at least for the past 13 years - Decree of divorce granted to husband - Wife allowed permanent one time..........
Civil Procedure Code, 1908, Section 47 -- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel decree holder to avail remedy of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Shamilat deh - Vesting in Panchayat - Held, a property, which proprietors had to suffer for contribution to a common benefit and to be treated as shamilat deh, stood vested in panchayat by virtue of S.4 of 1961 Act - A person, who had been owner under a decree or any agreement or an instrument, he still..........
