Limitation Act, 1963, Article 136 -- Limitation - Article 136 Limitation Act does not apply when question involved is initiating legal proceedings to seek alleged legal right as Article 136 Limitation Act applies only when an application for execution of any decree (other than decree granting a mandatory injunction) or order of any Civil Court is to be filed...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plaintiff repeatedly stated that suit property was not covered within earlier decree, as it has a different survey no - Said fact was repeatedly rejected by High Court and Trial Court and confirmed by Supreme Court - Present suit is hopelessly barred - Plaintiffs do..........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Will propounded by defendant - Primary issue is proof of execution of Will and onus to prove such issue is on defendant - Other issues are formal in nature - Trial Court is just and proper in calling upon defendant to prove Will in the first instance - Rebuttal opportunity to defendant be given if found..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Agreement to sell -- Specific performance - Plaintiff in possession prior to execution of agreement to sell - Possession not delivered through agreement to sell - Order directing plaintiff to pay deficient stamp duty with penalty as per provision of Schedule 1-A, Entry No.23, 5(cc), Column No.2, Sub column 2 (As amended by State of Punjab) set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
