Civil Procedure Code, 1908, Section 153 -- Amendment of execution petition - In the interest of justice amendment in execution petition is permissible...........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - Execution petition was filed within two years from the date of decree - It squarely falls under U.O.21.R.22(1) Proviso CPC - Executing Court was therefore competent to dispense with service of notice upon JD when execution petition filed within prescribed..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - When execution petition falls within the ambit of O.21.R.22(1) Proviso CPC, O.21.R.22(2) CPC does not apply - Even when O.21.R.22(2) CPC is attracted, Court has discretion to dispense with notice if it records reasons for doing so, particularly if issuance of..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Mere exhibiting or de-exhibiting of a document does not conclude its evidentiary value - Even if a document is exhibited, its execution, admissibility and authenticity remain open to judicial scrutiny at appropriate stage...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Question relating to identity of DH's father stood conclusively adjudicated in original suit and could not be reopened or re-litigated in execution proceedings - Moreover, DH had already been found to be in possession of suit property as a tenant following death of his father and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once it was established that DH's father was tenant of suit property, finding that DH succeeded to tenancy and remained in possession was rightly affirmed - Petitioners are presently in possession of suit land, thereby clearly demonstrating that DH was dispossessed in violation..........
Will -- Execution - Affidavit of examination-in-chief - Sole attesting witness examined in Court admitted that his chief affidavit i.e. examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief, evidentiary value of his statement in cross-examination is seriously dented - Such evidence does not inspire..........
Will -- Due execution - Plaintiff examined two attesting witnesses of Will - However none of these witnesses testified that they had seen executant affixing his signature or thumb mark to instrument of Will - They did not even state that each of them had signed instrument in the presence of executant - Due execution of Will was not proved...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Provision of O.21.R.97 CPC can be invoked only by a person asserting his possession on the decretal land/property in his own independent right to protect such possession...........
