Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Material proposition of fact asserted by one party and denied by the other party in objection petition - Held, that framing of issues and giving opportunity to objector to lead evidence and also giving opportunity to no, objector to adduce rebuttal evidence is essential...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Permissible when (a) there is discovery of new and important matters or evidence which after the exercise of due diligence was not within the knowledge of the applicant; (b) some important matter or evidence could not be produced by applicant at the time when decree was passed or order made; and (c) there was some..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error which is to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of record...........
Civil Procedure Code, 1908, Order 47, Rule 1, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Once error is found in order/judgment which is apparent on face of record and meets test of review jurisdiction, then there is no reason to feel hesitant in accepting such mistake and rectify the same...........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 47, Rule 1 -- Impleadment of legal representatives - Remedy against - Aggrieved has to first approach the forum which wherein order O.22.R.3 CPC was passed impleadment of one party alone and not a writ petition directly...........
Civil Procedure Code, 1908, Section 47 -- Execution - Application u/s 47 CPC - Scope - Finality of decree put in execution cannot be mutilated in performance of judicial function of deciding an application u/s 47 CPC - Executing Court would be concerned only with questions relatable to due execution, discharge and satisfaction of decree - However, that does not include the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objection petition - Executing court is competent to decide all the questions including question of title in execution proceedings itself and not by way of separate suit in view of provisions contained in S.47 read with O.21.R.101 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - No valid grievance to obstruct execution of decree - Apprehension that while executing decree possession of petitioners on pattasud land is likely to be disturbed is wholly unfounded - Executing Court committed no illegality and material irregularity in exercise of its..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - Decree passed by trial Court and affirmed upto Apex Court is confined to offending part of encroachment - Petitioner have no valid grievance to obstruct execution of said decree - So far as apprehension of petitioners that while executing decree possession of petitioners..........
Civil Procedure Code, 1908, Section 47 -- Execution - Tenancy of defendant lawfully terminated - Defendant having failed to vacate within statutory period, is liable to be evicted - Rent Act not applicable as 10 years have not passed since the date of its construction - Plaintiff, held, entitled to decree of possession...........
