Civil Procedure Code, 1908, Section 50 -- Legal representative - Death of JD - Where decree is executed against a legal representative, he is liable only to the extent of property of deceased judgment debtor which has come to his hands...........
Civil Procedure Code, 1908, Section 47, 50 -- Execution - Objections - JDs claimed that suit property has come to their hands not in their capacity as Lrs but in their independent capacity being male lineal descendants of protected tenant - Said claim raised by JDs therefore, required to be determined by Executing Court as this is a question which relates to execution,..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Certified copies of judgment sought to be produced which are per se admissible - No prejudice would be caused had trial Court allowed certified copies of judgments in issue to be placed on record by putting parties to certain terms - Application allowed subject to payment of costs of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Courts should try merits of case that come before them and should consequently allow all amendments that may be necessary for determining the real question in controversy between parties provided it does not cause injustice or prejudice to other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendments are allowed more liberally than those which are sought to be made after commencement of trial or after conclusion thereof...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for recovery of possession, damages and perpetual injunction - Objection raised by defendant that suit is not maintainable without seeking declaratory relief - Amendment to plaint to include prayer for declaration of title becomes necessary for proper adjudication of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution proceedings - Principles of res judicata are not applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 11, Order 21 -- Execution - Dropping of proceedings - Where execution proceedings are dropped on the ground of any technicality, DH is not precluded under law to file a fresh application for execution providing correct particulars for making execution petition executable...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 13(1A) -- Order allowing application U.O.7.R.10 CPC - Appeal - Commercial suit - Order is appealable U.O.43.R.1(a) CPC and therefore in terms of S.13(1-A) Proviso of Commercial Courts Act, appeal would be maintainable...........
