Civil Procedure Code, 1908, Section 50, 52 -- Decree passed against the deceased husband of the petitioner for recovery of money - Execution - Decree is executable against L.R's only to the extent of the property of the deceased if any, which has come in the hands of his L.R's - Personal property of L.R's cannot be attached - Salary earned by L.R. being his personal..........
Civil Procedure Code, 1908, Section 50(2), 47 -- Execution - Death of J.D. - Execution proceedings against L.R's of deceased J.D. - Held, legal representatives of J.D. are liable for the debts of the predecessor to the extent of the estate acquired by the L.R's from their predecessors - Plots acquired by L.R's under a Deed of Gift from a relative not liable to attachment..........
Partnership Act, 1932, Section 32(3),28 & 25, Civil Procedure Code, 1908, Order 21, Rule 50 -- Proviso - Partnership firm - Retired partner not giving notice of retirement sought to be held liable by plaintiffs for liabilities of the firm incurred subsequent to his retirement - Plaintiffs while dealing with partnership firm not aware about the said person being a partner..........
Civil Procedure Code, 1908, Order 21, Rule 50, Civil Procedure Code, 1908, Order 19, Rule 1 -- Where liability of a partner is in dispute same can be decided on the basis of affidavits...........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 90, 10, 22 -- Execution - Death of J.D. - Legal representatives to whom property of deceased J.D. devolved by a will brought on record without notice and property sold - Petition by L.R.'s to set aside sale - Dismissed by execution Court - Not sustainable...........
Civil Procedure Code, 1908, Order 21, Rule 50(1)(c), Civil Procedure Code, 1908, Order 30, Rule 6, 7, 8 -- Scope-Decree against a firm and its Managing Director - decree holder applied for arrest of Managing Director - Managing Director objecting that he was neither a party nor summons were served on him individually-objection upheld by execution Court not sustainable...........
Civil Procedure Code, 1908, Section 50, 146, Order 21, Rule 32 -- Decree for injunction - execution - after passing of the decree death of J.D.-decree can be executed against the legal representatives of the judgment debtor...........
Punjab Tenancy Act, 1887, Section 50, 77(3)(g) -- Suit in Civil Court for correction of entries in revenue record and for recovery of possession - Maintainability of - For first relief of correction of entries in revenue record Civil Court has jurisdiction - For second relief of recovery of possession also Civil Court will have jurisdiction since a composite suit wherein..........
Land Acquisition Act, 1894, Section 18, 50, 53 -- Company or firm for whose benefit land sought to be acquired - Not a 'person interested' - Application for being impleaded as a party - Not legally maintainable - Ratios of Full Bench in M/s. Indo Swiss Time Limited's case 1981 P. L. J. 189 still hold the field - Not Over-Ruled in view of Supreme Court decisions in Punjab..........
Land Acquisition Act, 1894, Section 18, 50, 53 -- Land acquired for benefit of Company - Proceedings in Court of District Judge in a reference under Section 18 - Impleading of Company under Order 1 Rule 10 as a party to proceedings - Allowed - Civil Procedure Code (5 of 1908), Order 1 Rule 10...........
