Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation sanctioned on the basis of Civil Court decree - Judgment and decree of Civil Court set aside - Mutation has to be set aside...........
Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Case of exchange - Can be only done by a registered deed - Resort to Court decree - Results in violation of law of registration...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Objection that provisions of Order 21 Rule 66 not complied with by Executing Court before order for sale of mortgaged property was made - Rule 66(2) undoubtedly contemplates that a proclamation for sale shall be drawn up after notice to the decree-holder and judgment-debtor - Question of fact as to whether or not notice..........
Civil Procedure Code, 1908, Section 47, 2(2), 2(9), Order 34, Rule 7, 8, 9 - - Suit decreed as prayed for with a direction that plaintiff can execute decree only after deposit of sale consideration proved to have been received by him while executing the document (sale deed) and for this purpose allowed 3 months time - Execution of decree after deposit of amount - Objection..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - There is no rule which requires filing of certified copy of exparte decree alongwith application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Nothing on record to show that the Court before issuing substituted service was satisfied that the defendant is keeping out of the way, for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary..........
Civil Procedure Code, 1908, Section 144 -- It is not necessary to get the benefit of S.144 that the possession should have been lost through a process of execution - If a person is dispossessed under the colour of the decree and that decree is subsequently reversed, then he is entitled to restitution...........
Civil Procedure Code, 1908, Section 11 -- Provisions of S.11 apply to proceeding for execution of decree...........
Civil Procedure Code, 1908, Section 11 -- Compromise decree - Does not operate as res judicata...........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Compromise decree - Procedure to question the compromise decree - The aggrieved party can move an application before the Court which passed the compromise decree questioning the validity of the compromise U.O.23.R.3 or he can prefer an appeal u/s 96(1) and..........
