Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101 -- Execution - Exparte decree for specific performance - Third party objections claiming to be owner in possession - Court has to decide third party objections before actual delivery of possession takes place - Court acquires jurisdiction to decide it as a question of title between the parties and adjudication..........
Civil Procedure Code, 1908, Section 100 -- Abatement of appeal - Order of Abatement not adjudication on merits - Order refusing setting aside abatement - Not decree - Second appeal against said order - Not maintainable...........
Civil Procedure Code, 1908, Section 2(2) -- Order of Abatement of appeal - Not a decision on merits - Cannot be construed as decree - Order refusing to set aside abatement - Appealable under order 3 rule 1 CPC...........
Rent and Eviction -- Partition suit amongst co-sharers - Tenant, if made party in the partition suit, can object to partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws which protected eviction of tenant except on grounds set out in the relevant statute - After partition is effected or a decree..........
Civil Procedure Code, 1908, Section 152 -- Decree amendment jurisdiction of - Partition suit - Went upto Supreme Court - Wrong description of property - Proceedings for final decree pending before lower court - Lower court competent to order amendment of decree...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Decree - Setting aside - A decree passed under order 37 CPC can only be set aside when special circumstances are established - Decree when passed in contravention of mandatory provisions of CPC can certainly be treated as a special circumstance...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Summons for judgment - To be served on defendant even if he appears more than 10 days after service of suit summons provided an exparte decree is not passed by the date of such appearance...........
Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61 -- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30 -- Money decree - Execution - It does not lie in the mouth of J.D. to ask D.H. to first exhaust his remedies against his immovable property and only then to seek his arrest and detention in civil prison - Decree holder is at liberty to execute the decree either by seeking detention of J.D. in civil prison or by..........
Agreement to sell -- Suit for specific performance - Specific performance of a part of contract - When a major portion of the agreement to sell would remain unperformed then decree of specific performance of a part of contract cannot be ordered. (Specific Relief Act, 1963, S.12)...........
