Civil Procedure Code, 1908, Order 23, Rule 3, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance of an oral agreement to sell by first vendee - Another suit for specific performance of an oral agreement to sell by second vendee against some vendor - First vendee impleaded as party in suit filed by second vendee - Compromise by vendor with second..........
Agreement to sell -- Suit for specific performance - Subsequent transfer - Suit is maintainable without seeking relief of cancellation of sale deed in favour of subsequent transferee - Decree for specific performance is executable against subsequent transferee even without seeking cancellation of sale deed in his favour. (Specific Relief Act, 1963, S.19(b)...........
Contempt of Courts Act, 1971, Section 2(B) -- Civil contempt - Decree - Fact that a decree is executable does not take away Court's jurisdiction for contempt...........
Civil Procedure Code, 1908, Section 11 -- Explanation. VI - Suit for possession and injunction - Contention of J.D. that decree was inexecutable as property belonged to CSI Church and Church not made party in the suit - Vicar and Bishop of CSI Church were defendant in suit - No case of J.D. that they were not putting forward rights of Church or there was any mala fide..........
Civil Procedure Code, 1908, Order 22, Rule 2-B -(As in P&H) - L.R's - Duty to implead - Is that of the L.R's of the deceased to get themselves impleaded and not of the person who is dominus litus - In case L.R's do not get themselves impleaded in the suit then later on they cannot contended that decree is not executable against them...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11, Limitation Act, 1963, Article 136 -- Ejectment from unauthorised possession - Limitation for execution of order - Ejectment order passed against respondents in 1971 - Order not challenged, attained finality - Execution filed, warrants of possession issued - Respondents filed civil suit - Status Quo ordered..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Compromise decree - Passed in a suit for permanent injunction - Plaintiff in possession - Agreed to relinquish possession - Compromise recorded - Execution petition by defendant decree holder for possession - Objected to - Objection not tenable - Issue of vacating premises a collateral issue in the suit - Decree executable -..........
Civil Procedure Code, 1908, Section 47 -- Execution - If on account of subsequent change of law or any subsequent development, decree becomes in executable, the same should be taken note of by the Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Sale deed - Execution by Court - Executing Court is competent to refer to pleadings, if circumstances warrant for understanding the decree - Suit decreed directing plaintiff to pay balance of consideration agreed after giving credit to amount paid as advance and the amounts due as on the date of filing of suit under two..........
Civil Procedure Code, 1908, Section 47, 2(2), Order 21, Rule 32 -- Execution - Objections - Determination of - Does not amount to decree - No appeal lies from such an order - Order of District Judge entertaining such appeal and holding that decree is not executable reversed - Executing Court to proceed with execution...........
