Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of a party who was proceeded ex parte in the suit and objections not relating to the execution, discharge or satisfaction of decree - Not maintainable...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous decision is not a ground for review - A judgment may be open to review if there is a mistake or error apparent on the face of record - Subsequent decision of a co-ordinate Bench is not a ground to review the judgment, which is the scope of only an appeal...........
Civil Procedure Code, 1908, Section 47, 39(3) - - Transfer of decree for execution - Competent Court - Held, transferee Court would be a Court of competent jurisdiction to execute decree even if it had otherwise no jurisdiction to try suit provided subject-matter of suit wherein decree was passed does not exceed pecuniary limits, if any, of its ordinary jurisdiction at the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection to jurisdiction of Court that passed decree - Not raised before trial court or Appellant Court - Applicant estopped to raise such objection before executing court in the absence of proof of prejudice...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Execution - Objections - Framing of issues - When on its face, objections are found to be frivolous, no issues are required to be framed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - When the question relating to execution and discharge/satisfaction of decree arises between the parties or their representatives, the same shall be decided by the Executing Court - Separate suit is not required to be filed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Only when there is an error apparent on the face of record and when such an error is self evident and does not require a process of reasoning to detect it - Review jurisdiction is not applicable to an `erroneous decision' which needs rehearing and correction - Review cannot be allowed to be an appeal in disguise -..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree passed on the basis of family settlement - Objection as to stamp duty and registration of decree before the same can be executed - Such objections should have been raised in suit itself - Objections cannot be raised in execution proceedings - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Section 47 -- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel decree holder to avail remedy of..........
