Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of execution of arbitral award - Form of security required to be furnished should not depend on whether a party is a statutory or other governmental body or a private entity - Therefore, High Court ought not to have based its decision on the condition for grant of stay on the status of respondent as a statutory..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If claim of petitioners is without any title, in each and every case, a detailed enquiry is not required U.O.21.Rr.97, 99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If there is no material to show right and title, mere interest of petitioners would not suffice to maintain their objection U.O.21.R.97 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2) -- Order granting maintenance - Execution - Jurisdiction of Family Court - Family Court had complete jurisdiction to entertain the execution application even though order granting maintenance was passed by Magistrate...........
