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 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..........
Civil Procedure Code, 1908, Order 9, Rule 13, Family Courts Act, 1984, Section 10 -- Ex parte divorce decree - Setting aside - Service of summons - Provisions of CPC are applicable in proceedings conducted by Family Court as per S.10 of Family Courts Act and hence, provisions with regard to service of summons as mentioned in CPC are also attracted for regulating the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Attachment before judgment is only an ancillary, protective relief to secure decree subject to adjudication of independent claims and cannot prejudice pre-existing rights or confer any substantive advantage upon plaintiff beyond securing satisfaction of decree...........
Civil Procedure Code, 1908, Order 41, Rule 31, 27 -- Judgment of First appellate Court - Points for determination not framed by first appellate Court - Even, application filed U.O.41.R.27 CPC not decided on merits and by leaving said application, first appellate Court pronounced judgment in first appeal - First appeal has been decided in an unsatisfactory manner - Judgment..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - JD failed to raise a material irregularity in the context of O.21.R.66(2)(a) CPC at the appropriate stage, i.e., with regard to sale of a part of property being sufficient to satisfy decree - It is not open to JD to now raise such a belated plea and blithely place burden on the..........
Partition suit -- Mesne profits - Application seeking interim mesne profits or profits gets more credence in appeals against decree for partition or in final decree proceedings where plaintiff established that property is joint family property and defendant is exclusively deriving income from suit property though plaintiff is in constructive joint possession of the same...........
