Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of subsequent purchasers who purchased the land during pendency of suit despite status quo order - Objections that judgments debtors No.1 and 2 are minors - Minors did not raise objection with regard to execution of decree - No prejudice shown to have been caused to minors - Minors were duly..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - By subsequent purchaser who have purchased the land during pendency of suit despite status quo order - Principle of lis pendens applies - They cannot be considered as bona fide purchasers as pendency of suit itself operates as constructive notice - Held, objections not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Decree passed on the ground that plaintiff has supported the facts as pleaded in plaint and defendant has not contradicted the averments made by plaintiff and has not produced any evidence in defence - Decree was passed without recording finding as to existence of grounds of eviction - Held, decree..........
Civil Procedure Code, 1908, Section 47 -- Execution - Joint and several decree - Decree holder has a right to proceed against any or all the judgments debtors - All the J.D's are to be arrayed as parties - Filing of Execution petition against one of the J.D. is unsustainable...........
Civil Procedure Code, 1908, Section 47 -- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court not to consider factors and facts not forming part of judgment and decree...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Can be sought on the grounds viz. (a) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him; (b) Mistake or error apparent on the face of the record; (c) Any other sufficient reason - Any other..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Proceedings for review are not by way of an appeal and have to be strictly confined to the scope and ambit of O.47.R.1 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review jurisdiction can be exercised for the correction of a mistake and not to substitute a view...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Consent decree - Execution - Consent decree is executable within a period of 12 years...........
