Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants to show himself as innocent saying..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Not permissible on the basis of subsequent judgment, once the final order is passed and matter is disposed of...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Engagement of another counsel to file review petition and making serious allegations against previous counsel, without disengaging him and seeking opinion from him disentitles petitioner to seek review of judgment - Review petition rejected...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review petition is very limited - Review of a judgment on account of some mistake or error apparent on the face of record is permissible - But an error apparent on the face of record has to be decided on the facts of each case as an erroneous decision by itself does not warrant a review of each..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Misinterpretation of facts or evidence by Court is no ground to review the judgment - Review not permissible on the ground that judgment passed requires correct interpretation...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dismissal - Appeal not maintainable against dismissal of objections u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Decree of possession - Plea of renewal of tenancy by accepting rent - Mode and manner qua tendering of rent not specifically pleaded in objections - Held, framing of issues beyond pleadings and allowing opportunity to lead evidence beyond pleadings is not permissible...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Execution - Objections - J.D. by repeated applications obstructing and frustrating execution of decree - J.D. creating unwarranted hurdles in the execution of decree - Held, making of such repeated applications, particularly frivolous applications, is certainly not the right of any J.D. - Exemplary costs of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Executing Court can allow objection u/s 47 CPC to the executability of decree, if it is found that same is void ab initio and nullity, apart from the ground that decree is not capable of execution under law either because the same was passed in ignorance of such a provision of law or the law was promulgated..........
