Civil Procedure Code, 1908, Section 60(1)(g) -- Exemption from attachment - Retirement benefits - Retirement benefits, such as pension, gratuity, receivable by father is liable to attachment in a claim for maintenance and educational expenses by his own minor daughter, as minor daughter seeking maintenance and educational expenses both past and future cannot be equated..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - JD can resist execution proceedings by taking all defences available to him...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine validity of order of Court which had allowed execution of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by first appellate Court in an appeal, where both appellants had expired prior to appeal being heard - Decree passed in favour of dead persons is nullity - Thus decree passed by trial Court is liable to be executed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person is a nullity - If a decree is a nullity, its invalidity can be set up whenever and wherever it is sought to be enforced, even at the stage of execution...........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Abatement of suit - Death of party between conclusion of hearing and pronouncement of judgment - If a party expires between conclusion of hearing and pronouncement of judgment, same does not result in abatement of such proceedings and judgment on being pronounced, would have the same force and effect as if it had been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court has considered each and every aspect of the matter and dealt with arguments as well as evidence available on record in detail and only thereafter had held that there was no ground to interfere in the judgment and decree - In such nature of decision having been passed..........
