Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Will propounded by defendant - Primary issue is proof of execution of Will and onus to prove such issue is on defendant - Other issues are formal in nature - Trial Court is just and proper in calling upon defendant to prove Will in the first instance - Rebuttal opportunity to defendant be given if found..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Proceedings in Execution continuing during the pendency of third party objections - Till the decision of third party objections, no final order shall be passed in the execution case...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Permanent alimony - J.D. if not the owner of properties whose list is furnished by D.H. then the same cannot be attached - J.D. living in U.K. - Court gave liberty to D.H. to file a fresh execution petition as and when any particulars of J.D. regarding his address in India or any property in India comes to notice..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Non-deposit of balance sale consideration - DH has not shown any readiness to deposit balance sale consideration with trial Court even within extended time of 2 months - He never moved any application for extension of time - Executing Court wrongly assumed that time stands extended once..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No intention on the part of accused to deceive complainant at the time of execution of work contract between parties - Action of parties have been circumscribed within terms and conditions of said agreement - No ingredients of cheating u/s 415 IPC can be found..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102 -- Execution - Objection by transferee pendente lite - Application U.O.21.R.97 CPC not maintainable at the instance of third party being a transferee pendente lite in view of O.21.R.102 CPC...........
