Civil Procedure Code, 1908, Section 47 -- Execution of decree - Framing of issues - If there are serious objections requiring proof of facts to resolve the controversy, the executing Court is free to frame issues and then proceed with the executions - No illegality by executing court by refusing to frame issue where objections are frivolous and did not require holding an..........
Civil Procedure Code, 1908, Section 47 -- Interest - Awarded in the decree at 18% per annum - Decree attained finality - If J.D. felt aggrieved he should have filed an appeal before the higher Courts - Executing Court cannot go behind the decree and the objection of J.D. regarding rate of interest is not maintainable...........
Civil Procedure Code, 1908, Section 47, 60 -- Family settlement after passing of the decree - J.D. having more than one house and shops earlier - Contention that J.D. has only one house which cannot be attached - Held, by family settlement it is an attempt to defeat the decree which is a result of collusion between J.D. and his brothers - Objection not maintainable...........
Punjab Tenancy Act, 1887, Section 82, Civil Procedure Code, 1908, Order 47, Rule 1 -- Review on the basis of report called for after passing of order - Correction carried out on its basis while reviewing earlier order - Upheld...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review application filed by - a different counsel who had not argued the case when earlier order passed - Objection to its maintainability - Ground of review that apparent mistake in earlier order - Such review application cannot be dismissed being not maintainable on the ground that it has been filed by a different counsel...........
Punjab Tenancy Act, 1887, Section 82, Civil Procedure Code, 1908, Order 47, Rule 1 -- Power of review - Inherent in every Court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it - To be exercised in definitive limits - Power of review may be exercised on discovery of new and important matter on evidence which,..........
Civil Procedure Code, 1908, Section 47, 52, 60 -- Execution - Compensation awarded to legal representatives on the death of a person does not form part of the estate of the deceased and cannot be attached in execution of decree against the deceased...........
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...........
