Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2) -- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Application for setting aside ex-parte decree - Condonation of delay - Sufficient cause - Defendants came to know about ex-parte decree passed against them, when execution proceedings were initiated - They immediately directed their counsel to proceed further - However, counsel failed to..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - In revision petition, order of status quo was passed whereby decree holder was debarred from filing execution petition - Period from the date status quo order was passed and when revision petition was dismissed in to be excluded - Held, execution petition is filed within time...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge to the same in suit as such..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Amendment of decree - Decree which is subjected to an amendment can be enforced only as amended and limitation to execute decree would start only from the date of amendment of the decree...........
Civil Procedure Code, 1908, Order 21, Rule 85, 90, Limitation Act, 1963, Article 136 -- Execution of decree - Limitation period - Within 12 years from the date when decree becomes enforceable - Held, it cannot be interpreted that execution proceedings would terminate if decree was not satisfied in 12 years from date of decree - It will continue till amount due is not..........
Limitation Act, 1963, Article 136 -- Execution - Decree for possession - Limitation 12 years - Starting point - Whether from date of trial Court judgment or from date of dismissal of revision for want of prosecution - Doctrine of merger applies - Held, revision dismissed for want of prosecution amounts to confirmation of decision of trial Court on merits - It amounts as..........
