Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Once a concurrent finding of fact was recorded by both Courts below in suit that DH was in possession of suit property, same carried presumption of her possession as on the date of filing of suit till the date of its..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - Neither O.22 CPC nor Limitation Act provides that application u/s 5 of Limitation Act must be filed along with application for substitution...........
Civil Procedure Code, 1908, Order 22 -- Substitution of LRs - Not filing separate application for setting aside abatement will not be fatal and prayer for setting aside abatement is implicit in application for substitution...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - There cannot be a deliberate delay on the part of plaintiff in filing substitution application - In delay condonation application, it has been stated that Pairokar of plaintiff went out of station who was power of attorney holder on..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court can grant interim relief pending appeal even if suit is dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - First appellate Court can re-examine both questions of fact and law and may re-appreciate evidence on record - Its powers are as extensive as original Court's, meaning it can reconsider the need for interim protection...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court must independently consider the application for interim relief pending final disposal of appeal on its own merits and established legal principles - It should not just look into final outcome of suit...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Validity - If the validity of award is to be examined at all, it is to be tested in writ proceedings before High Court and not by expanding scope of execution or by encouraging independent civil suits...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Challenge as to - Award may be executed as a decree, but its validity cannot be reopened through an ordinary civil suit or by treating some other civil proceeding as a vehicle for setting it aside - Only recognized avenue of challenge is the constitutional jurisdiction of High Court, which is..........
