Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of plaintiffs - Non-impleadment of LRs of deceased plaintiff - When right to sue survives, there is no question of abatement of entire suit/appeal on the ground of no, impleadment of legal heir of deceased plaintiff...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of deceased plaintiff - Suit for eviction jointly filed by plaintiffs - Deceased died during pendency of suit - Application for deletion of name of plaintiff filed before lower appellate Court - Appeal still survives even after death of plaintiff - Name of deceased plaintiff therefore may be deleted from..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Second application for amendment - More than one application for amendment is maintainable if circumstances so warrant...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Pendency of appeal - Stay be obtained from the Appellate Court - Executing Court cannot grant stay of execution proceedings when no stay is granted by Appellate Court or there is refusal to grant stay...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of change of neighbours or occupation of particular house by some other person, whose description is given in the property, actual physical existence of property cannot be denied...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of some variance in measurement of total area, it cannot be assumed that DH has no right for execution of a decree and others can raise objection to take benefit of it...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Requirement of O.21.R.2 CPC can only be applied in case incriminating facts in paying and receiving amount in question are certified by Court U.O.22.R.2 CPC - In the event of no certification, provision cannot be relied...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is a nullity can be subject matter of objection u/s 47 CPC - Decree which is even erroneous either in law or on facts cannot be made subject matter of objections u/s 47 CPC...........
