Civil Procedure Code, 1908, Section 47 -- Execution - Non joinder of a party who is not necessary party to the suit - Does not render the decree a nullity...........
Civil Procedure Code, 1908, Section 47 -- Decree - Whether executable or not - Plaintiff found entitled to equal pay scale of their Juniors - Direction to comply decree within two months - Decree was not thus merely declaratory decree simplicitor - It was declaratory decree with consequential direction - Though decree did not contain detail particulars, there was no..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2(i) & 97 -- Ejectment order - Execution - Objections - Fresh tenancy alleged to be created by one of the D.H. - Execution cannot be stayed - Any adjustment of decree which is not recorded by Court U.O.21.R.2(i) cannot be recognised by the executing Court and that too within the prescribed period of limitation of 30..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Suit for specific performance - Objections by son that suit property is a joint Hindu family and coparcenary property and that decree cannot be executed against him - Held, son has no right to intervene in the process of sale at this stage - Coparcener shall have right to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - Framing of issues - Merely because frivolous and vexatious objections are filed with a view to delay and defeat the execution of the decree, it is not necessary that Court must frame issues and grant opportunity to the parties to lead evidence...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Compromise decree - Passed in partition suit - Executability - Decree lays down the cyclic rotation, according to which, each of joint owners is to enjoy exclusive possession of property, and thereafter, if it is found to be not possible to keep the property joint, the parties will be free to have it partitioned..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Compromise decree - Executability - No stipulation regarding non compliance - No prevision contained for Execution - Does not strip decree of its executability. AIR 1953 Orissa 74, No longer good law in view of AIR 1973 SC 2065...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope - Power of review is available only when there is an error apparent on face of record and not on erroneous decision - Review in disguise of appeal - Not competent...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Suit for partition - Decreed in terms of compromise - Appeal against - Appellate Court found that compromise was not in accordance with O.23.R.3 - Remanded matter directing trial Court to frame issue on question of settlement between parties - No error apparent on face of Judgement - Review - Not competent...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order to shift brick kilns to selected land - Review sought on ground that selected land is not useful for brick kilns - Before order all relevant facts, considered - No apparent error in order - Review petition dismissed...........
