Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Insufficiently stamped and unregistered partition deed admitted in evidence for collateral purpose by Court without deciding he objection raised by other side - It is a mistake on the part of Court which is apparent on the face of record - Application for review is maintainable...........
Civil Procedure Code, 1908, Section 47 -- Decree - Execution - Decree passed against brother - Joint property - Share of JD sufficient to liquidate decree - Balance amount belonging to surety cannot be proceeded against...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by Court having no jurisdiction - Such decree is a nullity - J.D. can object to its execution being a nullity and non est - Its invalidity can be set up whenever it is sought to be enforced including the stage of execution of the decree or any other collateral proceedings...........
Delhi Rent Control Act, 1958, Section 2(1), 14, 50, Civil Procedure Code, 1908, Section 47 -- Heirs of statutory tenant for commercial purposes - Tenancy not heritable as such suit for possession decreed by Civil Court - Subsequently Supreme Court holding that statutory tenancy for commercial premises is heritable - Objection taken that decree passed by Civil Court is..........
Civil Procedure Code, 1908, Section 47 -- Objection by subsequent vendees of non-impleading - Prior to filing of suit property in dispute already sold - Fact mentioned in written statement - Despite this decree-holders chose not to implead subsequent vendees as parties - Decree not executable against subsequent vendees...........
Civil Procedure Code, 1908, Section 47 -- Locus standi to file objections to execution of decree - Objector found to be in bona fide possession of property in dispute in his own right - Entitled to maintain objection petition...........
Civil Procedure Code, 1908, Section 47 -- Vague decree - Specific portion of Khasra numbers to be handed over to decree-holders not specified in the decree - Decree not executable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power can be exercised when there is error apparent on the face of record - An error which is not self evident and has to be detected by a process of reasoning cannot be said to be an error apparent on the face of record justifying Court to exercise its power of review - If there is a clear distinction between an..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application can be filed only by a party to the lis - Review application is not maintainable at the instance of a third party...........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Fraud - Order obtained by practising fraud - Court has always power to recall its order vitiated by fraud - When order of injunction to restrain authority from proceeding with formation of layout on acquired land and allotment of sites to applicants, was obtained by misrepresenting facts, Court has inherent power..........
