Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Civil Procedure Code, 1908, Section 47 -- Execution - Arbitral award - Objection - Challenging appointment of an arbitrator for first time during execution proceedings is generally not permissible - Arbitration and conciliation Act provides specific timelines and procedures for challenging an arbitrator's appointment - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Attachment of property of JD - Objection by JD - Property of JDs attached for satisfaction of decree - Contention of JDs that executing Court could satisfy the decree from the security furnished to trial Court during trial is not tenable because said security is not sufficient for satisfaction of decree -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Compromise decree - JD directed to execute the sale deeds in favour of DH in view of compromise decree - Admissions made by JD would prove that lands in question is available and same were not registered in favour of DH - JD had not filed any documents to show that part of land was sold to third..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea that execution petition was filed beyond period of 12 years - Decree passed in 1993 - Revision petition filed thereagainst decided on 13.12.2001 - There was thus, no inordinate delay in filing of execution petition - Objections rejected...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Civil Procedure Code, 1908, Section 114, Order 47 -- Review - S.114 r/w O.47 CPC permits Court to look into any document, having a bearing on lis decided earlier, which was not on record because despite exercise of due diligence same could not be produced by a party - It would invariably reduce to an examination as to whether document has such intrinsic worth that if same..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Law as to: (i) A judgment is open to review inter alia if there is a mistake or an error apparent on face of record; (ii) A judgment pronounced by Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so; (iii) An error..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Execution - Objections - Allotment of plot - Petitioners are the persons who are likely to be effected by execution of order of allotment of plot passed by co-operative Court - They are required to be heard in the matter - Application allowed to the extent of permitting petitioners to join as party to..........
