Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4 -- Abatement - Execution - Provisions of O.22.Rr.3, 4 CPC do not apply to execution proceedings - There would be no abatement of execution proceeding, as no limitation has been prescribed for substitution of JDs - JDs can be brought on record at any stage of proceeding and if any time frame is provided by executing Court..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Revision - Executing Court has power to stay execution proceedings only for a limited period of time in terms of O.21.R.26 CPC...........
Transfer of Property Act, 1882, Section 105 -- Lease deed - Execution of lease deed by one co-owner whereas other co-owners witnessed the lease deed - Co-owners who have witnessed the lease deed do not become confirming parties - There is huge difference between executing a particular document and being a witness to the same document - Witness does not in any manner agree..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Will -- Suspicious circumstance - Difference of signature of Testator in executing sale deed and agreement for sale and execution of Will - Evidence of attesting witnesses is on record that testator signed Will in their presence - Executor who asserted that Will was not signed by testator, onus is upon him to prove the same by adducing evidence but no evidence is adduced..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree to demolish house - Executing Court has all the powers within provision of S.51 CPC to determine all questions relating to and including identity of structures which were the subject matter of decree - These powers can be exercised in various manners by executing Court including by appointing a Commissioner,..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
