Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- TPA Prior to 1976 amendment - Suit setting aside sale of immovable property - Filing of - Allegations of - Fraudulent transfer - What amounts to - Money decree - Execution proceedings pending - Before property of judgment debtor could be attached he sold it in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment off plaint - can be allowed even at the execution stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution - Amendment - Allowed - High Court reversed the order - Appeal against - Decree holder permitted to file a fresh execution showing correct amount due as per decree - New execution application permitted to be filed without prejudice to the right of J.D. to raise all contentions...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At execution stage - Claim of possession sought by way of amendment of plaint at the execution stage of a decree for specific performance - Relief of possession can be granted even at the execution stage though not claimed by the vendee during the pendency of the suit as the relief of possession flows..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Execution or pronote and receipt denied and that defendant never received any consideration - Amendment sought to plead that defendant did execute pronote and receipt but without consideration - Amendment if allowed would displace the plaintiff's line of action and the defendant's defence -..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31, 31A -- Execution - Of more than Rs.10 lakhs - After amendment of the Act execution is liable to be transferred to the Tribunal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought that prior agreement stood cancelled, revoked and superseded by subsequent agreement - Amendment cannot be allowed as defendant cannot be permitted thereby to withdraw earlier admission of due execution of prior agreement...........
Agreement to sell -- Suit for specific performance - Relief of possession - Can be claimed at any stage of proceedings even if not claimed in plaint - Can even be claimed at the stage of execution by way of amendment of plaint - Separate suit for relief of possession is barred - In the instant case though relief for possession claimed but Court granted relief for execution..........
Civil Procedure Code -- Amendment of plaint - Suit for declaration to be owner in possession - During pendency of suit plaintiff dispossessed in execution of orders of Revenue Authorities - Amendment to bring on record subsequent events and also challenge to the order passed by Revenue Authorities being illegal, null and void and not binding - Neither nature of case..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought at the final stage of suit - By amendment petitioner sought to specifically deny the execution of agreement to sell - In normal course this alternative plea would have been allowed but as in the instant case it is sought after 10 years of..........
