Civil Procedure Code, 1908, Section 115, 47 -- Revision - Maintainability - Execution of decree for injunction and declaration of title - Executing Court allowed objections filed by J.D. - Held, allowing objection u/s 47 CPC amounts to deciding question in issue that decree cannot be executed - Revision against - Held, maintainable...........
Civil Procedure Code, 1908, Section 47 -- Suit decreed for injunction in respect of certain plot and for declaration in respect of other properties detailed in cause title of plaint - In execution application, executing court, while allowing objection of J.D. u/s 47 CPC can take note of all these aspects and passed order, holding that declaratory decree cannot be executed..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review/modification of judgment - Order passed on basis of submission/concession made by counsel engaged by appellant - No misconception of fact and law by counsel for appellant - Held, alleged concession or submission, allegedly without instruction and such misconduct cannot be construed as `sufficient' reasons - Reopening..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Dismissal of SLP - Review petition before High Court thereafter - Maintainability of - Held, petitioner filed SLP challenging the order passed by High Court - Supreme Court dismissed said SLP - Review petition before High court challenging the very same order which was under challenge in SLP - Held, said order..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree or its executability can be raised by the parties at any stage even in the execution...........
Civil Procedure Code, 1908, Section 47, 146 -- Execution - Objections - It is not only the parties to the suit but their representatives also that can raise question with regard to executability, discharge or satisfaction of a decree...........
Civil Procedure Code, 1908, Section 47 -- Representative - It is much wider in sense than the expression `legal representative' as contained in Section 2(11) read with Section 50 CPC or an `assignee' referred to in O.22.R.10 CPC...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
Civil Procedure Code, 1908, Section 64(2), Order 21, Rule 58, Registration Act, 1908, Section 47 -- Registration of sale deed after attachment but executed before attachment - No reliance can be placed on S.47 Registration Act which reads that registration relates back to date of execution of document in view of S.64(2) CPC which is very clear that registration of sale..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - A possible contention which could be raised in the suit cannot be raised in an application u/s 47 CPC - Questions that can be raised u/s 47 are those relating to execution, discharge and satisfaction of the decree...........
