Civil Procedure Code, 1908, Order 21, Rule 64 -- Provision of O.21.R.64 is mandatory - Only such portion of the property is to be sold which is sufficient to satisfy the decree - Sale not in conformity with the mandatory provision is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Section , Order 7, Rule 1 -- Suit for declaration and permanent injunction - Ownership over the property claimed on the basis of Wills - No plea in the plaint with regard to existence and validity of Civil Court decree - Decree produced during course of evidence - No relief can be claimed and granted..........
Civil Procedure Code, 1908, Order 21,, Rule 24 -- Sale of property attached and payment out of sale proceeds - Scope and extent - Expression 'Necessary to satisfy decree' indicates that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation - Court to sell only such portion of property, the proceeds of which would be sufficient to satisfy the..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Order 21,, Rule 92, 94, 95 -- Sale of property of judgment debtor in execution of decree - Limitation for delivery of possession - Period of limitation of one year to start from date of confirmation of sale and not from issue of sale certificate - Failure on the part of auction purchaser to take possession..........
Civil Procedure Code, 1908, Section 53 -- Execution - Sale of ancestral property in execution - Partition of property does held between deceased J.D. and his sons who were Hindus - Decree can be executed against ancestral co-parcenary property - D.H. can proceed against share of sons of deceased in property attached...........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal - By an indigent person - If permission to file suit as an indigent person is granted then petitioner is required to file an affidavit that he has not ceased to be an indigent person since the date of the decree appealed from...........
Service -- Head constable - Dismissal from service - Order passed by Superintendent of Police - Suit for declaration that dismissal order is in violation of service rules - Suit decree by holding that plaintiff having been appointed by Deputy Inspector General of Police and not by Superintendent of Police, dismissal order could by passed by Deputy Inspector General of..........
Guardians and Wards Act, 1890, Section 25, Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Section 141, Order 9, Rule 13 -- Exparte decree passed under section 25 Guardians and Wards Act giving custody of child to father - Application for setting aside exparte decree - Dismissal of application by holding that as order passed under S.25 Guardians and Wards..........
Civil Procedure Code, 1908, Section 115 -- Pendente lite interest - Trial Court decree granting interest @ 18% p.m. from the date of decree till the realization of the decretal amount - No appeal /cross objections filed by the Decree Holder - Petitioner claiming pendente lite interest for the period matter remained pending before the Trial Court - Not legally maintainable..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration challenging Civil Court decree - During pendency of suit, plantiff dispossed from suit property - Amendment sought claiming decree of possession - Trial Court declined the amendment - The question whether plaintiff is in possession on the date of filling suit or she has been..........
