Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Preliminary decree - Nature & Scope - Preliminary decree declares the rights and liabilities of the parties - Decree may be partly preliminary and partly final - A preliminary decree cannot be executed unless & until final decree is part of preliminary decree...........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Final decree - Proceeding may be initiated at any time - No limitation for initiation of final decree proceeding - Only final decree proceedings executable...........
Constitution of India, 1950, Article 142 -- Exercise of jurisdiction to do complete justice to the parties - Suit for partition - Preliminary decree passed - Auction of property without drawing final decree - Auction sale illegal - Possession not delivered to auction purchaser - Appellant directed to deposit Rs. 18 lacs and interest @ 9% p.a. as compensation to auction..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite without authority of Court - Neither necessary nor proper party - As regards jeopardizing interest of a person who is not a party to the suit, held, if a person is not a party to a suit, the decree does not affect him unless the..........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Is bound by the decree just as much as he was a party to the suit...........
Transfer of Property Act, 1882, Section 52 -- Scope - Principle of lis pendens is a principle of public policy - There is no question of good faith or bona fide - Principle underlying lis pendens is that a litigating party is exempted from taking notice of a title acquired during pendency of litigation - Mere pendency of suit does not prevent one of the parties from..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendence - Rest upon an equitable & just foundation that it will be impossible to bring an action or suit to a successful termination if a alienations are permitted to prevail - A transferee pendente lite is bound by the decree just as much as he was a party to suit - Principle of lispendens being a principle of..........
Transfer of Property Act, 1882, Section 52 -- Transfer Pendente lite - Principle underlying - A litigating party is exempted from taking notice of title acquired during the pendency of litigation - Mere pendency of a suit does not prevent one of the parties from dealing with the property constituting the subject matter of the suit - The section only postulates a condition..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Affect of decree on person not party to suit - Decree does not affect him unless the judgment is in rem and not in personem...........
