Civil Procedure Code, 1908, Section 47(2) -- Right of party to litigation to have its suit tried as execution proceeding or vice versa - Substantive right and not a mere right relating to procedure - Effect of deletion of sub-section (2) of Section 47 by Civil Procedure Code (Amendment) Act, 1976 on pending suits - Substantive rights of litigants preserved by Legislature..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit for specific performance - Plea possession missing in plaint - Compromise decree - Amendment of plaint in execution adding relief of possession - No trial of the suit necessary - Entitled to recover possession in execution...........
Civil Procedure Code, 1908, Section 151, 152, Order 20, Rule 7 -- Date of decree - Decree passed - Appeal dismissed - Application for amendment of decree declined and on revision the amendment in the decree allowed - Application for execution of the decree - When the time of limitation begins to run...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95, 96, 97, 98, 99, 100, 101, 102 -- Section 47 should be construed liberally - All questions between auction - purchaser and judgment - debtor - Must be determined by Executing Court and not by a separate suit - Decree - holder auction - purchaser - Can move Executing Court for delivery of vacant possession of..........
