Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Civil Procedure Code, 1908, Section 47 -- Death of defendant during appeal - Application filed for impleading L.R's but order not passed by Court inadvertently - Decree drawn against a dead person - Held, decree is executable against legal representatives - Parties not to suffer for mistake of Court...........
Civil Procedure Code, 1908, Order 47, Rule 9 -- Second review - Order earlier reviewed and become final - Second review is without jurisdiction...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Attachment - Objections - Not raised either under S.47 or O.21.R.58 CPC - Objections raised for the first time in revision - Not permissible...........
Civil Procedure Code, 1908, Section 47 -- Execution - An Executing Court cannot go beyond the decree - Executing Court must take the decree according to its tenor...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- A petition to review an order in execution is maintainable...........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objection petition - Earlier objection petition on same grounds dismissed - Held, objection petition is barred by principle of res judicata as it is not open to the petitioner to have raised the same objections again, once the said objections were rejected...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Petition by a different counsel - Permissible if it is for correcting earlier admission/concession, on production of no objection certificate of previous counsel...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree wherein interest awarded at the rate of 18% per annum from the date of decree to the date of realisation without recording a finding that transaction was a commercial one - Upto that extent decree passed by Court is a nullity - Held, this objection can be entertained in execution proceedings or under Article 227..........
Civil Procedure Code, 1908, Section 47 -- Execution - Consent decree - Executing Court has no authority to set aside, modify or vary the consent decree...........
