Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2) -- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the report -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 23(1) -- Execution - Objection as to executability of decree - Objection not raised after service of notice U.O.21.R.22 CPC - Objection as to executability of decree cannot be raised at a later stage...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of decree holder (DH) - Substitution of son of DH - Petitioner along with his all brothers and sisters have received the notices under execution proceedings but they never came forward to get themselves substituted/impleaded in execution proceedings - Petitioner was thus,..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by defendants to refrain from..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Before ordering detention in civil prison, Executing Court is required to record satisfaction that JD possesses sufficient means and he has neglected or refused to satisfy decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction that JD..........
Civil Procedure Code, 1908, Section 47 -- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said objections are nothing but attempt..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Dismissal of earlier objection petition which attained finality - Subsequent objection petition for all practical purposes agitating the same title/right/ownership of the tenanted property - Failure to disclose earlier dismissal of objection petition - Besides merits, objection petition..........
