Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Decree is `nullity' - Question regarding legality could be raised in appeal or even in execution proceedings arising out of such a decree...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - There can be multiple preliminary decrees in suit for partition...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - In exceptional cases, supplementary final decree can be passed, provided original final decree or final decree passed earlier has not concluded the matters sought to be declared in supplementary final decree...........
Civil Procedure Code, 1908, Section 96, 2(2), Order 41 -- Appeal - Is maintainable against order refusing to pass final decree as, such order will fall within the definition of decree in S.2(2) CPC...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in view of said bar is to file a..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Recovery suit - Refund of advance amount - Oral agreement of sale executed between parties - Plaintiff failed to prove the fact that Rs.25,000 was given by him as advance amount for purchasing defendant's property - Plaintiff is even silent about description, details and location of property - Broker through whom the offer..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of one of defendants during pendency of appeal - Appeal decided without substitution of LRs of dead person is nullity and hence, not legally sustainable and thus, set aside...........
