Civil Procedure Code, 1908, Section 47 -- Decree for maintenance - Death of husband - Decree is executable against estate left behind by deceased husband in hands of heirs - Mere fact that wife has filed suit for partition and separate possession of property of her deceased husband does not disentitle her from execution of decree for maintenance...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Partition suit - Preliminary decree passed - Death of D.H. during pendency of appeal - L.R's not brought on record within time - Thereafter application U.O.1.R.10 filed for impleading legal representatives of deceased - Held, application is maintainable - O.1.R.10..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Transposing of J.D. as D.H. - Transfer of 1/5th undivided share of one of the decree-holders to judgment debtor - J.D. cannot be transposed as D.H. - Provision of O.21.R.16 CPC envisages transfer of the interests of a decree holder in the decree to a third party assignee and not to the J.D. - J.D. cannot be transposed as..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree passed - Final decree - It is condonation of said proceedings - Period of limitation would not come into play...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Final decree (drawing up of) in partition suit after a preliminary decree passed - A continuation of proceedings - Period of limitation - Will not come into play - Preliminary decree when passed for partition - Court not only declares rights of parties but duty bound after further act is done, to pass a final decree -..........
Court Fees Act, 1870, Article 17(iii) -- Schedule II - Payment of ad valorem Court Fee or Stamp duty - Separation of shares in terms of relief sought for on account of rendition of accounts - Would arise only after final decree passed and claim for partition and his entitlement in claim for rendition of accounts is determined...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment in a suit between co-owners based on family settlement - Applicant a purchaser from one of the co-owners after judgment and decree passed by First Appellate Court but before filing of Regular Second Appeal - Basic questions involved in the suit family settlement and its effect, joint possession of co-owners and..........
Civil Procedure Code, Section 151,152,47 -- Order 21 ,R. 11(2) - Only after decree-holder declared to be purchaser of share of judgment-debtor - Decree-holder can file regular execution application under Order 21 - Application by decree-holder under Sections 151/152 for certain directions to judgment-debtor - Not an execution application under Order 21 - Partition Act,..........
Civil Procedure Code -- Order 18 - Additional evidence to produce copies of judgment and decree of Civil Court and a copy of instrument of partition besides copy of order dismissing suit filed by defendant - Copies of judgment and decree of Civil Court per se admissible in evidence - Instrument of partition - Cannot be said to be such which may be fabricated one - No..........
Civil Procedure Code, 1908, Section 47, 151 -- House - Partition - Final decree - 2/3rd share given to D.H. and 1/3rd share to first J.D. as per report of Commissioner - In execution proceedings J.D. raising objection that decree is inexecutable as suit property is incapable of partition and separate possession - Held, application of J.D. cannot be dismissed on the ground..........
