Civil Procedure Code, 1908, Section 73, Order 21, Rule 90 -- Auction sale - Locus standi of third party decree holder to get the auction sale set aside - A decree holder in another suit whose decree is not yet satisfied and whose execution petition is still pending has locus standi to file an application in another execution petition by another decree-holder against same..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession - Decree has been..........
Hindu Marriage Act, 1955, Section 19, 25, Family Courts Act, 1984, Section 7(1) -- Divorce decree passed - Maintenance petition filed subsequently - Jurisdiction - Suit may be filed in Court other than Court which passed decree of divorce, provided it is one of the Courts mentioned in Section 19 of Hindu Marriage Act - Wife, whose marriage is dissolved by decree of divorce..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Husband initiating proceedings seven years after alleged desertion - He cannot be allowed to take advantage of his wrong - He never made efforts to accede reasonable wishes of serving wife - Wife ready to live with husband in her flat at place of her service -Failure of husband to make adjustments - Decree of..........
Hindu Marriage Act, 1955, Section 27 -- Matrimonial Court trying any proceedings under the Act - Jurisdiction is vested in Court to pass an order at the time of passing decree in matrimonial cause in respect of property presented at or about the time of marriage - Property contemplated is not the property given to wife at the time of marriage only but it includes property..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98,101 -- Possession - Third party objections - Present appellant filing suit in Small Causes Court for a declaration that he was the tenant of suit premises, and permanent injunction restraining respondent from executing the decree against him and taking possession from him - Question about tenancy and his right and interest..........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgment and decree - `Accidental slip or error' - Petition for enhancement of maintenance allowed but date of first instalment to be paid not mentioned - Plaintiff sought enhancement of maintenance with effect from 15.3.1977 - In deciding the application for amendment of judgment u/s 152, intention of the Judge who..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 103 -- Person other than J.D. dispossessed in execution of decree - Application U.O.21.R.99 filed - It is mandatory for the Court to dispose of the same in accordance with Rules 100 and 101 of Order 21 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 100, 101 -- Person other than J.D. dispossessed - Such person can either file application U.O.21.R.99 before Executing Court or to file suit for restitution - Both remedies cannot be resorted to at the same time - Where person dispossessed has filed suit for restitution when his application U.O.21.R.99 is before Executing..........
Civil Procedure Code, 1908, Section 51 -- Proviso (b), O.21.R.37 - Enquiry as to means of J.D. to pay decretal amount - Should take place after issue of arrest warrant and before passing order of detention in civil prison - Holding of enquiry by Executing Court before issuing arrest warrant uncalled for and vitiated by error of jurisdiction - Court has to enquire whether..........
