Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objections by subsequent purchaser - Subsequent purchaser may not be entitled to raise a plea challenging correctness of agreement of sale of which specific performance has been sought as petitioner being subsequent purchaser after passing of decree possibly cannot raise any such plea -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud or collusion - Decree passed on basis of which mutation was sanctioned - Original owner of suit property never objected decree or mutation in favour of defendants in his lifetime and admitting claim of defendants in said suit in which compromise decree was passed - He of his own..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Unregistered and unstamped agreement - Admissibility in evidence - Objection not raised by defendant to filing of document as well as exhibition and admission thereof in evidence - Objection subsequently taken could only be decided at last stage of trial - Objection rightly rejected...........
Land Acquisition Act, 1894, Section 4, Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings in award of Reference Court that lease stood determined for non-payment of rent - It is a finding by Reference Court for limited purpose i.e. not to accept tenant's claim for compensation - Issue before Reference Court decided against tenant for limited purpose of..........
Civil Procedure Code, 1908, Order 18, Rule 17, 17A -- Production of evidence - Lease agreement in between defendants for erecting TVS Towers/Cellular Towers - Suit for declaration that mutual agreements/lease deeds executed in between defendants are null and void and seeking further relief from changing the nature and character of suit land - Plaintiffs immediately after..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Has to be read as a whole and it cannot be accepted that a portion of compromise be totally ignored, which would render part of contents of compromise otiose...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Once no decree is passed on basis of earlier compromise, there is no bar from entering into a fresh compromise which may be in variation or completely different to earlier compromise...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - S.44-A CPC only enables District Court to execute decree as if decree passed by Indian Courts - Filing of an application u/s 44-A CPC therefore, will not create a fresh period for enforcing decree - S.44-A CPC has nothing to do with limitation...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period for executing a decree passed by a foreign Court (from reciprocating country) in India will be limitation prescribed in reciprocating foreign country - However, this will be subject to decree being executable in terms of S.13 CPC...........
