Civil Procedure Code, 1908, Order 3, Rule 1, 4, Civil Procedure Code, 1908, Section , Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Review petition - Order passed by High Court in second appeal - SLP against said order, dismissed as withdrawn by Supreme Court, on request of counsel, without permission or reservation or liberty for taking further action -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 5, Calcutta High Court (Extension of Jurisdiction) Act, 1953, Section 3,4 -- Calcutta High Court (Appellate Side) Rules Chapter 10, 18 -- Review - Court consisting of two or more judges - Power of Chief Justice - Held, necessity of complying with the requirement of R.5 of O.47 of the Code has not been dispensed with..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delay in executing the decree - Amounts to deny the decree holder the benefit of decree which is anthesis to justice - Direction issued to dispose of matter expeditiously...........
Civil Procedure Code, 1908, Order 47, Rule 1, 4 -- Review - Appeal against dismissal of review petition - Not maintainable - Appeal against review is maintainable only when review is granted...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 46, Contract Act, 1872, Section 128, 141 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - Decree passed jointly and severally - D.H. is entitled to recover the decretal amount from any one of the defendants - If there is any dispute inter se the..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - There was no personal liability of L.R's - An effort must be made to sell the estate of deceased J.D. inherited by his legal heirs and only thereafter from the private property of the Legal heirs...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 47, Rule 1 -- Rejection of plaint - Deficient court fee - Review - When order of rejection of the plaint was passed, counsel for plaintiffs failed to point out that plaintiffs had already deposited a substantial amount of Rs.1,74,800/- within permissible time limit which was considered by them..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 114, Order 47, Rule 3 -- Civil court - Power to review & recall - Held, in absence of statutory provision, a civil court and other authority has no power to review its own judgments/orders - Court/authority, however, has inherent power to recall its judgment/order, if it is shown that same has been obtained by..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections - Framing of issues and putting objection petition to trial is not necessary in every case - Court can dismiss the objection petition by a speaking order recording reasons for dismissal of objection petition if prima facie, the averments in the objection petition appear to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant - Objection petition..........
