Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her father and mother - Though..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
Civil Procedure Code, 1908, Section 47 - - Death of D.H. during pendency of execution proceedings - On death of D.H. his heirs stepped into his shoes and are competent to take execution proceedings to its logical conclusion - Objection that landlord for whose need the shop was released, having died, the execution proceedings should be dismissed as infructous - Release..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for pre-emption - Where plaintiff who acquires title from a preemptor by virtue of a registered document being transferee, is not prevented from filing a suit for vindication of grievance, instead of invoking provisions of S.47 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 103 -- Execution - Third party objections - Order U.O.21.R.97 CPC amounts to deemed decree within meaning of O.21.R.103 CPC and it shall be subject to same condition as to an appeal or otherwise as if it were a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Auction sale - Failure to deposit money required for obtaining stamp duty - Default committed by auction purchaser cannot be excused and set at right by Court by exercising its power u/s 148 or S.151 CPC, as O.21.Rr.84, 85, 86 CPC are mandatory in nature - Execution Court was not legally right in allowing petition..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Decree for possession and permanent prohibitory injunction - Defendant filed application for stay of execution on the ground that suit land was not identifiable and decree is unexecutable - However, land is clearly described and depicted in decree, there is thus, no ambiguity with regard to description of..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Declaratory decree - Stay of operation - It is only execution of executable decree can be stayed - As execution of declaratory decree is not required as such execution of declaratory decree cannot be stayed - However, since property in lis has to be preserved, direction issued that during pendency of appeal, strict status quo..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order declining to stay execution proceedings during pendency of application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC pending decision, it would be in fitness of things that execution proceedings are stayed till decision of application U.O.9.R.13 CPC...........
