Civil Procedure Code, 1908, Section 153A -- Court can correct mistake in decree as well as in pleadings at any time - No period of limitation prescribed...........
Civil Procedure Code, 1908, Section 153A -- Application to correct mistake in Khewat and Khasra numbers in the judgment and decree - Relief being sought against property - Nature and character of suit will not change by virtue of amendment - Only relief being sought to correct mistake in Khewat and Khasra numbers - No question of limitation arises...........
Civil Procedure Code, 1908, Order 20, Rule 12, 18 -- Mesne profits - Partition - Preliminary decree - Executing Court can grant relief only if it is granted in the final decree - Preliminary decree is only a general declaration of rights of the parties - Only final decree can be executed - If the claim of mesne profits is neither enquired into nor made part of the final..........
Civil Procedure Code, 1908, Order 20, Rule 12, 18 -- Mesne profits - Future mesne profits - The lis gets terminated for all purposes on passing of final decree even with regard to future mesne profits - It is not open to the plaintiff to claim mesne profits beyond the date of passing of final decree unless the decree provides for such relief...........
Civil Procedure Code, 1908, Section 99, 100 -- Appeal - Prayer in suit for decree against two defendants so that it could be executed against both or either of them - Suit decreed against only one of the defendants and dismissed against the other - Held, plaintiff can invoke the jurisdiction of the appellate Court for getting the suit decreed against that defendant also...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Defendant admitting receipt of amount claimed but claim for interest denied - Court can pass decree in favour of plaintiff for the admitted receipts of the amounts by the defendant - Issue of interest, however, can be finally tried...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation based on Civil Court decree - Contested mutation - Civil Court decree against Gram Panchayat - Villagers contest the mutation - Revenue Officer while giving effect to Civil Court decree has also to go into total circumstances of the case particularly when interest of Gram Panchayat not watched before Civil Court...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion and cruelty on part of wife - Decree of divorce passed after recording a finding that husband has succeeded in proving his case of desertion against the wife - Suffering from strict legal proof - However, circumstances showing that wife did not respond to notices issued by husband and efforts made by him to call..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 100, 101 -- Police assistance in execution of warrants of possession - Cannot be ordered unless application made by decree - holder under Rule 97 of Order 21 - Executing Court can only provide Police help after determining question under Rule 101 if raised under Rule 97 by making order under Rule 100...........
Agreement to sell -- Suit for specific performance - Grant of specific performance is a discretionary relief - Ordinary rule is that specific performance should be granted and it can be denied only when equitable considerations point out its refusal and circumstances show that damages would be adequate relief - Appreciation in value of property over years since agreement..........
